Whilst litigation may not be at the forefront of your minds, it may be helpful to have an understanding of the role of the Technology and Construction Court (the TCC). Relevantly, the TCC has recently issued its annual report which includes details of the court's organisation, reform measures and the work of the TCC. Outlined below is a summary of the report.
Types of claim
The report sets out examples of the types of claim which it may be appropriate to bring in the TCC such as:
• Building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996.
• Engineering disputes.
• Claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to services they provide.
• Claims involving local authorities relating to statutory duties concerning the development of land or the construction of buildings.
• Claims relating to the design, supply and installation of computers, computer software and related network systems.
• Claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered.
• Claims between neighbours, owners and occupiers of land in trespass, nuisance etc.
• Claims relating to the environment (including pollution cases), claims arising out of fires.
• Challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.
Other types of claim may be appropriate to this specialist list.
Starting a TCC claim
TCC claims must be issued in the High Court or in a county court specified in the relevant practice direction. TCC claims brought in the regions may be issued in any District Registry, and preferably ones where a TCC judge will usually be available.
Applications before proceedings are issued
A party intending to issue a TCC claim must apply to a TCC judge, with written evidence in support of the application stating that the proposed claim is a TCC claim, before the claim form is issued.
Transfer of proceedings
If a TCC judge is unavailable to deal with a claim, the claim may be transferred between District Registries or to the High Court in London; or if it has been issued in a county court, to another county court where a TCC judge is available. Any application for the transfer of proceedings to or from a specialist list must be made to a judge dealing with claims in that list. Applications to a TCC judge to transfer a claim to the TCC specialist list must be on notice to the court in which the claim is proceeding.
Assignment of claim to a TCC judge
When a TCC claim is issued, the court will assign the claim to a named TCC judge (the assigned TCC judge) who will have primary responsibility for the case management of the claim.
Applications
An application should normally be made to the assigned TCC judge. If the assigned TCC judge is unavailable, or the court gives permission, the application may be made to another TCC judge. If an application is urgent and all TCC judges are unavailable to deal with it, the application may be made to any judge who, if the claim were not a TCC claim, would be authorised to deal with the application.
Case management conference
A case management conference will be fixed within 14 days of the earliest of either the:
• Filing of an acknowledgment of service.
• Filing of a defence
• Date of a court order transferring the claim to a TCC.
When the court notifies the parties of the date and time of the case management conference, it will also provide each party with a case management information sheet and directions form. At a minimum of not less than two days before the case management conference, each party must file and serve on all other parties to the case:
(1) completed copies of the case management information sheet and directions form; and
(2) an application notice for any order which that party intends to seek at the case management conference which are in addition to any directions referred to in the case management directions form.
Parties are encouraged to agree directions and propose them to the court adopting the completed case management directions form. Failure to file or serve the case management information sheet and the directions form by a party in accordance with the date specified, may result in the TCC:
(1) imposing such sanction as it sees fit; and
(2) either proceeding with the case management conference or an adjournment.
Usually directions given at the case management conference will include a date for:
• Any further case management conferences.
• A pre-trial review.
• The trial of any preliminary issues that it orders to be tried.
• The trial.
Pre trial review
When the date for the pre-trial review is fixed by the court, it will send each party a pre-trial review questionnaire and a pre-trial review directions form. Not less than two days before the date fixed for the pre-trial review all parties must file and serve, on all other parties, completed copies of the questionnaire and form. Parties are encouraged to agree directions to propose to the court by reference to the pre-trial review directions form. Failure by a party to return or exchange the questionnaire and the form by the specified date could result in the court:
(1) imposing sanctions as it sees fit; and
(2) either proceeding with the pre-trial review or having it adjourned.
During the pre-trial review, the court will give such directions for the conduct of the trial as it sees appropriate.
Trial
As far as possible the trial of a claim will be heard by the assigned TCC judge whilst the TCC claim may be tried at any place where there is a TCC judge available to try the claim.
Disclaimer
The content of this article does not constitute legal advice. You should always consult a suitably qualified lawyer for professional advice about any specific legal matter of concern to you. George Davies Solicitors, its partners and staff do not assume any responsibility for information contained within this document and disclaim all liability relating to such information.
About George Davies Solicitors
George Davies were highly rated, in the North West, in nine different categories of the 2005 Legal 500 review and in Chambers and Partners UK Directory. They specialise in all aspects of commercial law and boast a substantial Property Department within which sits a niche Construction team with experience in a full spectrum of construction law services. The firm was commended in the Legal 500 for their strong movements forward in a variety of property and construction deals and Chambers specifically mention its achievements in Construction. The Head of Construction, Catherine Kay can be contacted on 0161 234 8861 or emailed at catherinekay@georgedavies.co.uk
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