birketts – Do you have to follow ADR procedures before commencing legal proceedings?

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The June 2022 decision in Children’s Ark Partnership Ltd v Kajima Construction (Europe) UK Ltd and another saw the Technology and Construction Court (TCC) consider an application by the Kajima Construction (Europe) UK Ltd (“Kajima”), to stay or set aside Children’s Ark Partnership Ltd’s (CAP) claim against Kajima for defective cladding and fire-stopping issues.

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