In October 2000 the Construction and Engineering Pre-Action Protocol (PAP) was introduced by the Technology and Construction Court in London with the intention that it be followed by all parties involved in all construction and engineering disputes to assist them to avoid litigation altogether or to reduce the areas of contention where litigation is unavoidable. With news that the PAP might be abandoned or heavily modified, TeCSA decided to undertake a detailed study obtaining views from not just law firm specialists but from leading figures and companies across the industry.
The opinions gathered showed that the PAP is overwhelmingly valued by those who are directly involved with disputes and TeCSA has stated that it believes that there should be no doubt that the PAP ought to remain. The report provides information and suggestions which, in TeCSA’s opinion, should be considered by the Civil Procedure Rule Committee when looking at reform of the PAP. The report can be read here