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18 October 2007
Issue: 7293 / Categories: Case law , Law digest
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Technology and Construction Court

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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