The Technology and Construction Court

Construction / Building Law

The Technology and Construction Court

By Mr Justice Coulson
Sweet & Maxwell U.K. June 2006

Specifications

ISBN-13
9780421967007
Publisher
Sweet & Maxwell U.K.
Publication
June 2006
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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

Table of Contents

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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