Construction / Building Law

Technology and Construction Court Practice and Procedure

Edited by Michael Davis · Robert Akenhead
Oxford University Press September 2006

Specifications

ISBN-13
9780199280049
Publisher
Oxford University Press
Publication
September 2006
Format
Hardback , 628 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • The only text on the practice and procedure of the TCC
  • Narrative is clear and concise, focussing on practical guidance to TCC practice
  • Written by specialist practitioners, the text is legally authoritative - it can be relied on for accurate legal guidance on the Court and its powers
  • Comprehensive appendices containing: relevant legislation, rules of procedure, Practice Direction, standard forms, lists of Judges, and sample Scott schedules
  • The book is fully up-to-date to take account of the second edition of the TCC Guide, which took effect from October 2005

The Technology and Construction Court is one of the specialist jurisdictions of the High Court. It deals with a specialised workload involving construction industry and engineering disputes and, increasingly, information technology disputes. Its work often involves heavy factual cases, but also action in support of other dispute resolution methods such as arbitration, mediation, or adjudication under the Housing Grants, Construction, and Regeneration Act 1996.



Technology and Construction Court

:

Practice and Procedure

provides a unique and authoritative guide to this jurisdiction. It examines the day-to-day workings of the Court in detail, including: the relevant Civil Procedure Rules, the Pre-Action Protocol procedure, case management, alternative dispute resolution, the Court's support for arbitration, the stages in proceedings leading up to trial, the enforcement of adjudicators' decisions and costs. The book is fully up-to-date to take account of the second edition of the TCC Guide, which took effect on October 2005. The text offers step-by-step guide to the practice and procedures involved in the initiating and defending of proceedings, together with expert analysis and guidance on matters unique to the Court - such as Scott schedules, handling of expert witnesses, and enforcement of adjudication decisions.



The authors are specialist practitioners with extensive experience of the Court from both sides of the legal profession. They have combined an authoritative analysis of the powers and constitution of the Court with detailed attention to the practical matters facing litigants, including timescales, costs, and the interaction of the Court's powers with alternative dispute resolution methods. There are useful appendices with extensive materials including a list of the current Judges, a list of District Registries, relevant legislation, rules of procedure, Practice Directions, and statutory instruments and various standard forms.



This detailed and authoritative guide to the practice and procedure of this Court will be an essential reference work for all practitioners and in-house counsel involved with construction, engineering and IT disputes.

Readership: Primary: Commercial litigators (solicitors, barristers and in-house counsel) - construction and engineering, professional negligence and computer dispute/information technology lawyers. Secondary: In-house lawyers and professional bodies

Table of Contents

Foreword by the Honourable Mr Justice Jackson
1: An Introduction to the Technology and Construction Court
2: The Civil Procedure Rules
3: Pre-Action Behaviour, the Practice Direction, and the Pre-Action Protocols
4: The Court's Case Management Powers
5: Alternative Dispute Resolution
6: Arbitration
7: The Proceedings
8: Adjudication
9: Costs
APPENDIX 1 - High Court and Circuit Judges hearing cases in the Technology and Construction Court in London
APPENDIX 2 - The Technology and Construction Court: Court Addresses and Information
APPENDIX 3 - Civil Procedure Rules specific to the TCC: CPR 60 and CPR PD 60
APPENDIX 4 - Court Forms used in the Technology and Construction Court
APPENDIX 5 - Sample Scott Schedules
APPENDIX 6 - Pre-Action Protocol for Construction and Engineering Disputes
APPENDIX 7 - Pre-Action Protocol for Construction and Engineering Disputes
APPENDIX 8 - Relevant extracts from the Housing Grants Construction and Regeneration Act 1996 and the Scheme for Construction Contracts Regulations
APPENDIX 9 - The Technology and Construction Court Guide (2nd edition)
APPENDIX 10 - Useful Addresses and Websites

About the Author

Michael E Davis, Partner, Head of International Arbitration Practice and Head of Construction and Engineering Practice at Herbert Smith, and Robert Akenhead QC, Head of Chambers, Atkin Chambers

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