Cundall Johnson and Partners LLP v Whipps Cross University Hospital NHS Trust [electronic resource]
Cundall Johnson and Partners LLP v Whipps Cross University Hospital NHS Trust [electronic resource]
- 2007
[2007] EWHC 2178 (TCC), 19 September 2007. Considers an application for a stay of proceedings on the grounds of non compliance with the Pre-action Protocol for Construction and Engineering Disputes (protocol). Applicant NHS Trust (W) had engaged respondent engineering firm (C) to provide engineering services on two construction projects. C made a claim against W for outstanding fees in respect of the projects. With regards to the pre-action correspondence, W argued C's solicitor's first letter didn't give enough detail about C's claim, that subsequent correspondence was also poor, and that information was released in a piecemeal manner. C argued its claim for fees for the first project fell outside the scope of the protocol and the claim was a matter of debt recovery. W applied for a stay of proceedings on the ground of non-compliance by C with the protocol. "Held": application granted. C had failed to comply with the provisions of the protocol as it failed to send a letter of claim which complied with para 3 of the protocol and therefore the contractual basis of C's claim was unclear until proceedings were issued.
CUNDALL JOHNSON AND PARTNERS LLP V WHIPPS CROSS UNIVERSITY HOSPITAL NHS TRUST
PRE-ACTION PROTOCOL FOR THE CONSTRUCTION AND ENGINEERING DISPUTES
England and Wales--1543-
[2007] EWHC 2178 (TCC), 19 September 2007. Considers an application for a stay of proceedings on the grounds of non compliance with the Pre-action Protocol for Construction and Engineering Disputes (protocol). Applicant NHS Trust (W) had engaged respondent engineering firm (C) to provide engineering services on two construction projects. C made a claim against W for outstanding fees in respect of the projects. With regards to the pre-action correspondence, W argued C's solicitor's first letter didn't give enough detail about C's claim, that subsequent correspondence was also poor, and that information was released in a piecemeal manner. C argued its claim for fees for the first project fell outside the scope of the protocol and the claim was a matter of debt recovery. W applied for a stay of proceedings on the ground of non-compliance by C with the protocol. "Held": application granted. C had failed to comply with the provisions of the protocol as it failed to send a letter of claim which complied with para 3 of the protocol and therefore the contractual basis of C's claim was unclear until proceedings were issued.
CUNDALL JOHNSON AND PARTNERS LLP V WHIPPS CROSS UNIVERSITY HOSPITAL NHS TRUST
PRE-ACTION PROTOCOL FOR THE CONSTRUCTION AND ENGINEERING DISPUTES
England and Wales--1543-