Introduction
The introduction of statutory adjudiction under the Housing Grants, Construction and Regeneration Act 1996 and the reform of civil procedure had a dramatic effect on the volume of actions commenced in the Technology and Construction Court. The lower number of cases being introduced into the court has meant that waiting lists for trials has shortened considerably and the efficient and speedy management of cases has improved dramatically. It is now common for cases to go from start to finish in less than one year. Cases commenced under Part 8 are heard in a matter of weeks.
In short, the TCC offers a user friendly and efficient service which provides a compelling alternative to other forms of dispute resolution in terms of quality, value for money and speed.
The TCC Guide
Users of the TCC should familiarise themselves with the TCC Guide, a copy of which may be found in Volume 2 of the White Book at section 2C. The Guide provides straightforward practical guidance on the conduct of litigation in the TCC. The Guide is not a substitute for the CPR, but it does reflect the flexible framework within which litigation in the TCC is habitually conducted. Users of the Court are expected to comply with the Guide.
The second edition of the TCC Guide was issued on 3 October 2005. It has been revised once, such revisions being operative from 1 October 2007.
A copy of the TCC Guide can be accessed by clicking here.
Suggestions for additions or amendments to the TCC Guide for inclusion in any subsequent revision should be sent to caroline.cummins@cms-cmck.com
Please note
The TCC has indicated that solicitors are not always complying with the requirements of paragraph 3.7.3 of the TCC Guide when commencing proceedings, when they should do. Paragraph 3.7.3 provides that when proceedings are commenced in or transferred to the TCC at St Dunstan’s House in London, any party may write to the court setting out matters relevant to whether the matter should be classified “High Court Judge” or “Senior Circuit Judge”. Solicitors for a claimant should, in any case where they are concerned about allocation, send a letter to the court pursuant to para 3.7.3 of the Guide at the same time as issuing proceedings. Solicitors for a defendant should, in any case where they are concerned about allocation, send letter to the court pursuant to para 3.7.3 as soon as they become aware of the litigation (which is usually when proceedings are served, but may be earlier). It may also be relevant to write to the court when a counterclaim is served, or third parties are added to an action, or other circumstances change the nature of the case. All letters should be referred to the judge in charge of the TCC.
CPR rules relating to the TCC, Practice Directions and forms
The TCC, in consultation with users (including TeCSA) has developed its own specific Practice Direction and other associated forms and documents. Links to these are provided below:
Note that the Rule relating to TCC claims is Part 60.
44th Update - Practice Direction Amendments (6th April 2007) (PDF)
TCC Case Management Information sheet (PDF)
TCC Case Management Conference Directions Form (PDF)
TCC Pre-trial review questionnaire (PDF)
Pre-action Protocol for Construction and Engineering Disputes
Construction and Engineering disputes, including disputes involving architects, engineers and quantity surveyors, are subject to the Pre action Protocol for Construction and Engineering Disputes. A link to the Protocol is provided below:
Pre-action protocol for construction and engineering disputes
The Protocol is unusual in that it requires the parties to meet on a without prejudice basis prior to commencement of proceedings.
New guideline rates for summary assessment
The Senior Costs Judge, Peter Hurst, has announced that the guideline hourly rates for summary assessment have increased by 4%, with effect from 1 January 2008. For a comparison of the 2007 and 2008 guideline rates, see Guideline hourly rates for summary assessment <http://dispute.practicallaw.com/6-380-1778>.
However, the new rates are an interim measure only, while the Advisory Committee on Civil Costs conducts research into the rates with a view to issuing a completely new set of rates by mid 2008. Practitioners should note that as at the date of publication, the HMCS website <http://www.hmcourts-service.gov.uk/publications/guidance/scco/appendix_2.htm> has not been updated to show the new interim rates.
(PLC: 14.01.08)
On line TCC Judgments
TCC Judgments are available on line from Bailii British and Irish Legal Information Institute
TeCSA is a sponsor of this extremely useful website.
TeCSA Civil Litigation Sub Committee mission statement for 2007
Civil Litigation
Executives: James Hudson (james.hudson@klgates.com) and Caroline Cummins (caroline.cummins@cms-cmck.com).
TeCSA will take an active part in the forthcoming consultation on the plans for the new business court accommodation. The Business Court will be located in the Rolls Building on Fetter Lane. The development works are due to complete in 2010. We shall report regularly to members on what is being proposed and as appropriate seek members’ views on issues of principle.
We will hold another TeCSA/TECBAR conference in the autumn following the success of the conferences held in October 2005 and 2006. The 2006 conference is being repeated in Birmingham this year and, if there is sufficient support for such an event, we have plans to run it in Bristol and Leeds in due course.
TeCSA will continue to participate in the various TCC Users’ Groups around the country and will continue to work closely with TCC Judges to maintain the highest standards of service in the TCC. The Marshal Scheme run by TeCSA is an excellent way to enable junior lawyers in members’ firms to meet TCC Judges and understand the court processes better. We will publicise this and other excellent developments being seen in the TCC but will also raise matters of concern with the court if and when they arise. We invite and encourage members to bring issues of concern to James’s or Caroline’s attention so that we can engage with the TCC to find a workable solution.
We wish in particular to make the flexibility and innovations of the court better known, including its ability to deal with suitable cases very quickly-challenging the speed of adjudication in some instances. We believe the TCC has an important role to play in resolving disputes for the construction industry, in particular in the years running up to 2012.