BREACH OF PRE-ACTION PROTOCOL A MATTER OF SUBSTANCE

TJ Brent Ltd v Black & Veatch Consulting Ltd [2008] EWHC 1497 (TCC), 13 June 2008

In TJ Brent Ltd v Black & Veatch Consulting Ltd [2008] EWHC 1497 (TCC), 13 June 2008, Mr Justice Akenhead held that, when considering whether there has been a breach of the Pre-action Protocol for Construction and Engineering Disputes, the court should look to the substance of the matter and not adopt a technical or semantic approach. Adopting this approach he held that there had been substantial compliance with the requirements of the Protocol. The claimants had provided a clear summary of the facts on which the claim was based, had set out the basis on which the claim was made, had identified, as far as possible, the principal contractual terms and statutory provisions relied on and had set out the nature of the relief claimed (a claim for contribution).