In Orange Communications Services Ltd v Hoare Lea (A firm) [2008] EWHC 223 (TCC), 12 February 2008, Mr Justice Akenhead adopted a pragmatic approach to the question whether a breach of the Pre-Action Protocol for Construction Engineering Disputes should lead to the issue of a stay of proceedings pending the implementation of the process laid down by the Protocol. On the facts of the case he held that the defendant was not entitled to a stay but he reflected the claimant’s failure to comply with the Protocol in his award of costs.