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Update: construction

Anna Stillman considers the implications of the Jackson report for construction litigation, the application of the ‘slip rule’ by an adjudicator, the rules on the use of a single joint expert, and the court’s grant of a stay of proceedings following an adjudication

2 March 2010

The publication on 14 January 2010 of Lord Justice Jackson’s review of civil litigation costs in England and Wales was probably the most significant review of litigation since the Woolf Reforms (see Solicitors Journal 154/2, 19 January 2010). The recommendations of the review apply to litigation across the board but, although no wholesale changes to the Technology and Construction Court procedures have been recommended, there will be an impact on construction litigation if a number of the recommendations are implemented. These potential changes include:

  • ADR: there could be a ‘serious campaign’ to promote ADR, with a handbook being published by a neutral body to set out everything you need to know about mediation.
  • Pre-action protocol: it was recognised that pre-action protocols are becoming increasingly costly to comply with and the recommendation is that the construction and engineering pre-action protocol be simplified so that parties spend less in...

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