TJ Brent Ltd & Anor v Black & Veatch Consulting Ltd
The claimants complied in substance with the Pre-action Protocol; the defendant was fully aware of the nature of the claim and had ample opportunity to respond and attend meetings. Technical non-compliance did not prejudice the defendant or prevent settlement. Therefore, no costs order is justified against the claimants.
- Parties
- Claimant: TJ Brent Ltd; Claimant: A J Loveland Thames Ltd; Defendant: Black & Veatch Consulting Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 13 June 2008
- Procedural Posture
- Application / Ruling on Pre Action Protocol Compliance and Costs
- Outcome
- application dismissed
- Legal Topics
- Pre Action Protocol, Costs, Contribution Claims, Limitation, Mediation
Case Brief
Summary, issues, holding and outcome
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Parties
TJ Brent Ltd
Claimant
A J Loveland Thames Ltd
Claimant
Black & Veatch Consulting Ltd
Defendant
Procedural Posture
Application / Ruling on Pre Action Protocol Compliance and Costs
Legal Issues
- 1 Whether the claimants complied with the Pre-action Protocol for Construction and Engineering Disputes
- 2 Whether non-compliance (if any) justifies costs orders against the claimants
- 3 Whether substantive compliance suffices under the protocol
Ratio Decidendi
The claimants complied in substance with the Pre-action Protocol; the defendant was fully aware of the nature of the claim and had ample opportunity to respond and attend meetings. Technical non-compliance did not prejudice the defendant or prevent settlement. Therefore, no costs order is justified against the claimants.
Court Disposition
application dismissed
Orders
- Defendant's application for costs dismissed
Full Case Text
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