A new guide has been produced for the Technology and Construction Court ( TCC), designed to help lawyers and parties in resolving disputes.
Mr Justice Jackson, the judge in charge of the Technology and Construction Court, said:
"The new Guide will draw together and set out the best practices which have developed in the different parts of the TCC around the country. It will promote a harmonious approach to the way litigation is conducted in all TCC cases, and it will help practitioners and court users”.
He added that the Guide was designed to help minimise costs and management time for the parties to cases in seeking resolution of their disputes.
Mr Justice Jackson also emphasised that the guide did not represent the final word on the court’s development:
"The TCC is endeavouring to make further improvements to the service offered to its court users, such as the possibility of TCC judges offering their services as mediators in certain cases and a review of the pre-action protocol for construction and engineering disputes.”
The introduction to the Guide stresses that it is not a substitute for the overarching civil procedure rules, which govern the way that all civil courts function in England and Wales. However, it does provide an additional layer of guidance, with the TCC having a particular emphasis on parties being on an equal footing and with the dispute being conducted in a way that is proportionate to the size, complexity and contentiousness of the claim concerned.
The Guide was drawn up in close consultation with the specialist judges and professional bodies who work within the TCC, including users’ committees. Mr Justice Jackson has stressed that the Guide itself will be reviewed and revised to ensure that it continues to reflect best practice and any changes in the law.
The new Guide is another step forward for the TCC in terms of its development and standing, which was also reflected in the Lord Chancellor and Lord Chief Justice’s decision earlier this year that a greater number of High Court judges should hear cases in the TCC.
Notes for Editors
- The Technology and Construction Court was formerly known as the Official Referees’ Court. It operates at 11 court centres across the country, with a number of full and part-time judges who receive specialist training to hear TCC cases.
- Examples of TCC cases would be: building or construction industry disputes; claims by and against engineers, architects, accountants and other specialists; claims relating to information technology design and supply; and claims by and against local authorities on land development.
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