Technology and Construction Court
The Technology and Construction Court (TCC) is a specialist court, which deals principally with technology and construction disputes.
Proceedings in the TCC are governed by the Civil Procedure Rules (CPR) and supplementary Practice Directions. CPR Part 60 and its associated Practice Direction deal specifically with the practice and procedure of the TCC.
The TCC at 7 Rolls Buildings, Fetter Lane, deals with all High Court TCC claims which are brought in London. The Central London Civil Justice Centre at 13-14 Park Crescent deals with all county court TCC cases in London. There are also regional courts in Birmingham, Bristol, Cardiff, Chester, Exeter, Leeds, Liverpool, Newcastle, Nottingham and Manchester. These regional courts can issue and try both High Court and county court TCC cases. Judges authorised to deal with TCC business are also available at Leicester, Sheffield and Southampton, however, county court claims cannot be issued at those court centres.
CPR Rules provide that a TCC claim is a claim which:
- Involves technically complex issues or questions (or for which trial by a TCC judge is desirable) and
- Has been issued in or transferred into the TCC specialist list.
The TCC Practice Direction identifies the following as examples of the types of claim which it may be appropriate to bring as TCC claims (this list is not exhaustive):
- Building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996.
- Engineering disputes.
- Claims by and against engineers, architects, surveyors, accountants and other specialised advisors relating to the services they provide.
- Claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings.
- Claims relating to the design, supply and installation of computers, computer software and related network systems.
- Claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered.
- Claims between landlord and tenant for breach of a repairing covenant.
- Claims between neighbours, owners and occupiers of land in trespass, nuisance, etc.
- Claims relating to the environment (for example, pollution cases).
- Claims arising out of fires.
- Claims involving taking of accounts where these are complicated.
- Challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.
In many cases, there is a compulsory Pre-Action Protocol the purpose of which is to encourage the frank and early exchange of information about the prospective claim and any defence to it; to enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings; and to support the efficient management of proceedings where litigation cannot be avoided.
[edit] Related articles on Designing Buildings Wiki
- Alternative dispute resolution.
- Civil procedure rules.
- Construction disputes.
- Injunction.
- Lands Chamber.
- Litigation.
- Najma Dunnett case law reports.
[edit] External references
- TCC judgments which may be of interest to practitioners are accessible on the Bailii website at www.bailii.org/ew/cases/EWHC/TCC/.
- The Technology and Construction Court Guide. October 2010.
Featured articles and news
Heat pump announcements, what homeowners need to know
An 'ultimate guide to heat pumps' from a heating company.
Construction contract awards reach £7.1bn in February
Their highest level in seven months.
The journey to sustainability in heritage
Research is the key to better understanding.
Heritage approaches to adaptation, mitigation and loss.
Bridging the gap between policy, finance and installation.
Development on brownfield land
Definition, background, policy and the latest consultation.
With the Design Framework for Building Services.
Retrofit of Buildings, a CIOB Technical Publication
Pertinent technical issues, measures and the roles involved.
ECA joins HSE campaign to support mental health
Working Minds’ five simple steps based on risk assessment.
Mental health in the construction industry
Mental health issues in brief with related articles.
Transitional arrangements, Building Control and the BSR.
For pre-October buildings with substantial progress by April.
How to write an inspection and test plan
ITPs for quality control and assurance particular elements.
Why quality counts in domestic ventilation systems
From products, to systems to the installation.
Empowering the Future with CIOB Academy
Lifelong learning, upscaling, and reskilling for the built environment.
Winners of the 2024 ASBP Awards
Project, Product and Initiative according to the 6 pillars.