Provisions the documents cite: para 1.1 (scope), paras 2.1–2.2 (exceptions), para 3.1 (objectives), para 4.1 (compliance), para 5.1 (proportionality), para 7.1 (letter of claim), para 8.1 (acknowledgment within 14 calendar days), para 8.2 (objections within 28 days), paras 8.5–8.7 (letter of response within 28 days; response to counterclaim), para 9.1 (pre-action meeting), para 10.1 (extensions), para 12.1 (limitation)
What it requires
The protocol applies to all construction and engineering disputes, including professional negligence claims against architects, engineers and quantity surveyors (para 1.1). A claimant need not comply to the extent that the proceedings are to enforce an adjudicator's decision under s.108 of the Housing Grants, Construction and Regeneration Act 1996, include a claim for interim injunctive relief, will be the subject of a summary judgment claim under CPR Part 24, or relate to substantially the same issues as a recent adjudication or other formal ADR procedure, or if all parties expressly agree in writing (paras 2.1–2.2). Its objectives are to exchange enough information for the parties to understand each other's position and make informed decisions about settlement, and to try to resolve the matter without proceedings, in particular by considering ADR (para 3.1). If proceedings are started the court can treat the protocol's standards as the normal reasonable and proportionate approach; costs consequences for non-compliance are likely only in exceptional circumstances such as flagrant or very significant disregard (para 4.1). The overriding objective applies before proceedings; in many cases, including those of modest value, the letter of claim and the response can be simple and costs kept modest, and the parties need not marshal all the evidence that litigation might need (para 5.1). Before starting proceedings the claimant sends each proposed defendant a letter of claim containing the claimant's full name and address; the full name and address of each proposed defendant; a brief, proportionate summary of the claim including a list of the principal contractual or statutory provisions relied on and a summary of the relief claimed, with its monetary value and a proportionate breakdown; the names of any experts already instructed and the issues their evidence addresses; and whether the claimant wishes the Protocol Referee Procedure to apply (para 7.1). The defendant acknowledges receipt in writing within 14 calendar days, and if it does not the claimant may start proceedings without further compliance (para 8.1); an objection to jurisdiction, a referral to arbitration or the named defendant is raised within 28 days (para 8.2); the defendant sends a letter of response — a brief summary of its response and any counterclaim, its experts and any third parties it intends to bring into the process — within 28 days of receiving the letter of claim, failing which the claimant may start proceedings (paras 8.5–8.6); the claimant responds to any counterclaim within 21 days (para 8.7). The parties should normally meet within 21 days after the letter of response (para 9.1), and what is said there is without prejudice except as para 9.5 allows (para 9.6). Agreed extensions may not exceed 28 days in aggregate for any step (para 10.1). A claimant whose claim may become time-barred may start proceedings first and ask the court for directions (para 12.1). Whether a court expects a homeowner's small claim against a builder to follow this protocol, rather than Practice Direction – Pre-Action Conduct and Protocols, was not established from any source read.
The instrument itself: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_ced. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
How this entry is kept current
- Citation status: read in full at the primary source.
- Watched by: justice.gov.uk page "Updated" date and the CPR Updates page — check at each monthly horizon scan.
- Source last checked by the automated scan: not yet — first scan pending.
Every source is re-checked monthly and the result is published in the scan log. A change that alters what a document should say raises a revision, and past buyers of that document are told.
The 1 document that cite it
Every KubitDocs document prints its statutory basis on the form itself, so the person signing can verify the citation rather than take our word for it.