header-logo header-logo

Technology and Construction Court

18 October 2007
Issue: 7293 / Categories: Case law , Law digest
printer mail-detail

Cundall Johnson and Partners LLP v Whipps Cross University Hospital NHS Trust [2007] EWHC 2178 (TCC), [2007] All ER (D) 89 (Oct)

Paragraph 1 of the Pre-Action Protocol for Construction and Engineering Disputes provides that the protocol applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors) subject to the exceptions in para 1.2.

The issue in the present case was whether or not the protocol applied to the claimant’s fees in respect of enabling works; the claimant, a firm of consultant engineers, submitted that that claim was simply a matter of debt recovery, and thus was outwith the scope of the protocol.

HELD The claim for professional fees fell within the term “engineering disputes” in para 1.1. The fact that it might also be characterised as debt collection did not take it outside the scope of that provision. “Debt recovery” was not one of the specified exceptions in para 1.2, and claims for professional fees form a staple part of the work of the Technology and Construction Court.

Issue: 7293 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll