000			02046cad a22002175a 4500
001			L141908
008			080114e2007 xxk f v 000 0 eng d
035			_a(Sirsi) u141908
041	0		_aeng
245	0	0	_aCundall Johnson and Partners LLP v Whipps Cross University Hospital NHS Trust _h[electronic resource]
260			_c2007
520			_a[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.
590			_aKA
650	2	4	_aCUNDALL JOHNSON AND PARTNERS LLP V WHIPPS CROSS UNIVERSITY HOSPITAL NHS TRUST
650	2	4	_aPRE-ACTION PROTOCOL FOR THE CONSTRUCTION AND ENGINEERING DISPUTES
651		4	_aEngland and Wales _y1543-
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
690			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/TCC/2007/2178.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79652 _d79652