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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
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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