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.