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The Technology and Construction Court

The Technology and Construction Court

The Technology and Construction Court

Author: Mr Justice Coulson
Publisher: Sweet & Maxwell U.K.
ISBN: 9780421967007
Published In: June 2006
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Technology and Construction Court: Practice and Procedure is a detailed practice manual that gives practitioners dealing with the court access to highly authoritative guidance on the procedures involved in bringing a case before the court.

Written by a judge of the court, it provides the assurance that procedures will be followed correctly in what is effectively the specialist court of the High Court dealing with those complicated and technical civil disputes which are not the province of some other specialist tribunal.

* Provides best practice guidance on all procedural matters relating to the Technology and Construction Court
* Takes the reader through the conduct of the stages of litigation in the TCC in a chronological order
* Discusses the legal principles
* Explains all pre-trial matters such as disclosure, gathering of expert evidence and Schott Schedules
* Analyses judicial decisions
* Deals with costs issues
* Reproduces all relevant forms
* Deals with the TCC's role in adjudication

The Technology and Construction Court

The Courts in which TCC claims may be issued
Relevant County Courts
County Court jurisdiction
TCC judiciary
Examples of TCC claims

The overriding objective of the CPR

The importance of the overriding objective

Commencement and transfer

Part 7 and Part 8 claim forms
Heading of claim form
Assignment of all TCC claims to multi-track
Transfer of proceedings to or from TCC
Non-availability of TCC Judge
TCC judge case-management
Trial dates
Full-time TCC judges

Case management

Fixing the first case management conference
Attendance at first case management conference
The general approach to case management

The first case management conference

Information sheet and directions form
Typical directions and orders
Preliminary Issues
Alternative dispute resolution
Early neutral evaluation
Scott schedules and further pleadings
Expert evidence
Directions with regard to expert evidence
Witness statements
Form and content of witness statements
Disclosure of documents
Limiting disclosure
Specific disclosure
Provision of further information pursuant to CPR Part 18
Information technology
Exchange of information and documents in electronic form
Inspections, samples and experiments
Views

Applications

TCC Practice Direction paragraph 7
CPR Part 23
Expedited hearings
Service of application, filing evidence and fixing a hearing date
Skeleton arguments

From first case management conference to pre-trial review

Further case management conference
Further applications
Variation of directions by consent without permission of the Court
Consent orders
Review of the estimated length of trial

The pre-trial review

Questionnaire and directions form
Attendance at pre-trial review
Further directions and directions for trial

Preparation for trial where no pre-trial review

Directions

Court proceedings concerning arbitrations

Commencing proceedings in the TCC
Commencing proceedings in London
Commencing proceedings outside London
Appropriate heading for initiating application
Directions with regard to proceedings by Judge in charge of list
Information given to parties by the registry
Meeting the needs of the parties: directions and hearing date

Enforcement of awards of adjudicators

Procedure

Costs

New provisions in the CPR: summary assessment of costs
Statement of costs
Publicly funded costs
Payment on account of costs

The tcc judge as arbitrator

Section 93 of the Arbitration Act 1996
Application of Section 93 to TCC Judges
Approval of the Lord Chief Justice
Procedure
The governing rules
Accommodation
Fees

Miscellaneous

Vacation sittings
Users' committees

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