STAY OF ACTION GRANTED IN RESPECT OF FAILURE TO COMPLY WITH PROTOCOL

Cundall Johnson and Partners LLP v Whipps Cross University Hospital NHS Trust [2007] EWHC 2178 (TCC), 19 September 2007

In Cundall Johnson and Partners LLP v Whipps Cross University Hospital NHS Trust [2007] EWHC 2178 (TCC), 19 September 2007, Mr Justice Jackson stayed the claimant’s action against the defendant on the ground that the claimant had failed to comply with the terms of the Pre-action Protocol for Construction and Engineering Disputes. He held that a disputed claim for professional fees made by a firm of consultant engineers fell within the term ‘engineering disputes’ and the fact that it could also be characterised as ‘debt collection’ did not take it outside the scope of the Protocol.