The TCC pre-action protocol is due for review – but do solicitors working in construction law think it needs major change? Dominic Helps and Simon Tolson of TeCSA decided to find out
The introduction of the pre-action protocol was one of the central features of the Woolf Reforms of the late 1990s designed to clean up the litigation system and promote access to civil justice in the future. The protocol was intended to operate as a final filter designed to prevent parties from becoming sucked into the expensive litigation process without having explored alternative ways of resolving their differences. Lord Woolf was firmly of the view that helping parties to avoid costly court battles was clearly in their interests and, by saving valuable court time and other resources, would also promote access to justice.
Not everyone agreed that the pre-action protocol (PAP) process enhanced access to justice. For some, it was an unwelcome in