Technology and Construction Court
Encyclopedia
The Technology and Construction Court (commonly abbreviated in practice to the TCC) is a sub-division of the Queen's Bench Division, part of the High Court of Justice
, which together with the Crown Court
and the Court of Appeal
, is one of the Senior Courts of England and Wales. The Civil Procedure Rules, which regulate procedure civil procedure
in the High Court, allocate non-exhuastive categories of work to the court, principally, as the name suggests, disputes in the areas of construction and technology.
However, since its formation in its current guise in October 1998, the court's jurisdiction has expanded such that many civil claims which are factually or technically complex are now heard in the TCC, beyond its traditional case load. For example, large-scale group personal injury
claims are heard by the court, as are disputes arising out of the EU's
complicated public procurement regime.
The court's reputation has steadily grown over the years, such that it is now regarded as a highly capable and knowledgeable court. Its case load has dramatically increased since 1998, both in the form of traditional litigation
and through assisted methods of alternative dispute resolution
. In April 2011, it is scheduled to move its central location from its aged buildings in Fetter Lane
to the new £200m Rolls Building
.
with no jurisdiction per se, but which could report to judges on its findings. The new court, which was founded under the leadership of Mr Justice Dyson (now a Supreme Court Justice
), aimed to rid the perception this created that the court was not equal to others in the Queen's Bench Division. When opening the new court, Dyson said the new changes were "of real significance", and included technological advancements to aid the court's running, such as a centralised listing system.
With the introduction of the new Civil Procedure Rules on 26 April 1999 following Lord Woolf's
report, the TCC's caseload dropped slightly as a result of the new Rules' focus on alternative dispute resolution
. These meant that less claims were issued - previously, claims had simply been issued as a matter of course as part of the negotiation process.
The proliferation of adjudication
following its introduction in the Construction Act 1996
also led to fewer disputes going before the court, but did give the court a new role in enforcing adjudication decisions. The Construction Act gives parties to a "construction contract" a right to refer matters to adjudicators, with the aim of aiding cash flow in the construction sector by allowing disputes to be settled without the need for lengthy and costly court proceedings. Changes to the Construction Act 1996 brought in by the Local Democracy, Economic Development and Construction Act 2009
are likely to see even more disputes referred to adjudication before reaching the TCC.
The Arbitration Act 1996
had a similar effect as adjudication. Such was the effect on the number of cases being brought before the TCC, extra capacity meant that TCC judges could act as judge-arbitrators, utilising their experience and knowledge while contributing to the CPR's goals in reducing litigation costs.
claims and IT disputes as well as enforcement of adjudication decisions and challenges to arbitrators’ decisions. The TCC also regularly deals with allegations of lawyers’ negligence arising in connection with planning, property, construction and other technical disputes.
The work of the TCC often involves both complex legal argument and heavyweight technical issues, and as a result TCC judges try some of the most arduous and complex that come before the civil courts. The sums at issue can be large, often involving millions of pounds, although there is in theory at least no minimum sum to be claimed (as, under the CPR, the court has wide powers to assert jurisdiction over clams it feels are appropriate). Cases can last several days and involved mountains of paperwork and expert evidence.
. The cases are allocated either to High Court Judges, Senior Circuit Judges, Circuit Judges or Recorders both in London and at regional centres outside London. The court is currently led by Mr Justice Akenhead
and has five full-time High Court judges.
The main location of the court is in St Dunstan's House near the Royal Court of Justice in London
. In April 2011, it is scheduled to move its central location from its aged buildings in Fetter Lane
to the new £200m Rolls Building
. The new building, which will be shared with other divisional courts of the Queen's Bench and Chancery Divisions, will provide 31 courtrooms, 11 hearing rooms and 44 consultation rooms, as well as more daylight, enhanced ventilation and state-of-the-art IT facilities.
As well as its London location, where most cases (including those with an international element) are heard after being started or transferred there, claims can be issued and heard at any of the following regional court centres:
TCC authorised judges are also available at Leicester, Sheffield and Southampton, although claims cannot be issued there.
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, which together with the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
and the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, is one of the Senior Courts of England and Wales. The Civil Procedure Rules, which regulate procedure civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
in the High Court, allocate non-exhuastive categories of work to the court, principally, as the name suggests, disputes in the areas of construction and technology.
However, since its formation in its current guise in October 1998, the court's jurisdiction has expanded such that many civil claims which are factually or technically complex are now heard in the TCC, beyond its traditional case load. For example, large-scale group personal injury
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
claims are heard by the court, as are disputes arising out of the EU's
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
complicated public procurement regime.
The court's reputation has steadily grown over the years, such that it is now regarded as a highly capable and knowledgeable court. Its case load has dramatically increased since 1998, both in the form of traditional litigation
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
and through assisted methods of alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
. In April 2011, it is scheduled to move its central location from its aged buildings in Fetter Lane
Fetter Lane
Fetter Lane is a street in the ward of Farringdon Without in London England. It runs from Fleet Street in the south to Holborn in the north.The earliest mention of the street is "faitereslane" in 1312. The name occurs with several spellings until it settles down about 1612. There is no agreement...
to the new £200m Rolls Building
Rolls Building
The Rolls Building is a court complex in London opening in October 2011 that will be used by the High Court of Justice The Rolls Building is a court complex in London opening in October 2011 that will be used by the High Court of Justice The Rolls Building is a court complex in London opening in...
.
History
The court was known until 9 October 1998 as the Official Referees' Court, a name which reflected its old status as a tribunalTribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
with no jurisdiction per se, but which could report to judges on its findings. The new court, which was founded under the leadership of Mr Justice Dyson (now a Supreme Court Justice
Justice of the Supreme Court of the United Kingdom
Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the President and Deputy President. The Supreme Court is the highest in the United Kingdom for civil matters, and for criminal matters from England and Wales and Northern Ireland...
), aimed to rid the perception this created that the court was not equal to others in the Queen's Bench Division. When opening the new court, Dyson said the new changes were "of real significance", and included technological advancements to aid the court's running, such as a centralised listing system.
With the introduction of the new Civil Procedure Rules on 26 April 1999 following Lord Woolf's
Harry Woolf, Baron Woolf
Harry Kenneth Woolf, Baron Woolf, PC, FBA, , born 2 May 1933, was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales...
report, the TCC's caseload dropped slightly as a result of the new Rules' focus on alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
. These meant that less claims were issued - previously, claims had simply been issued as a matter of course as part of the negotiation process.
The proliferation of adjudication
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
following its introduction in the Construction Act 1996
Housing Grants, Construction and Regeneration Act 1996
The Housing Grants, Construction and Regeneration Act 1996 is an Act of Parliament of the United Kingdom. Its long title shows that it is a piece of omnibus legislation:...
also led to fewer disputes going before the court, but did give the court a new role in enforcing adjudication decisions. The Construction Act gives parties to a "construction contract" a right to refer matters to adjudicators, with the aim of aiding cash flow in the construction sector by allowing disputes to be settled without the need for lengthy and costly court proceedings. Changes to the Construction Act 1996 brought in by the Local Democracy, Economic Development and Construction Act 2009
Local Democracy, Economic Development and Construction Act 2009
The Local Democracy, Economic Development and Construction Act 2009 is an Act of the Parliament of the United Kingdom.The legislation places a duty on local authorities to promote understanding of the functions and democratic arrangements of the authority among local people...
are likely to see even more disputes referred to adjudication before reaching the TCC.
The Arbitration Act 1996
Arbitration Act 1996
The Arbitration Act 1996 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of the United Kingdom.-Overview:*Section 69 allows for an appeal on a point of law to a court if parties have agreed for this to happen....
had a similar effect as adjudication. Such was the effect on the number of cases being brought before the TCC, extra capacity meant that TCC judges could act as judge-arbitrators, utilising their experience and knowledge while contributing to the CPR's goals in reducing litigation costs.
Jurisdiction
The TCC deals primarily with litigation of disputes arising in the field of technology and construction. It includes building, engineering and technology disputes, professional negligenceProfessional negligence
In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the...
claims and IT disputes as well as enforcement of adjudication decisions and challenges to arbitrators’ decisions. The TCC also regularly deals with allegations of lawyers’ negligence arising in connection with planning, property, construction and other technical disputes.
The work of the TCC often involves both complex legal argument and heavyweight technical issues, and as a result TCC judges try some of the most arduous and complex that come before the civil courts. The sums at issue can be large, often involving millions of pounds, although there is in theory at least no minimum sum to be claimed (as, under the CPR, the court has wide powers to assert jurisdiction over clams it feels are appropriate). Cases can last several days and involved mountains of paperwork and expert evidence.
Court Locations
TCC cases are managed and heard by specialist judges in London and at centres throughout England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. The cases are allocated either to High Court Judges, Senior Circuit Judges, Circuit Judges or Recorders both in London and at regional centres outside London. The court is currently led by Mr Justice Akenhead
Robert Akenhead
Sir Robert Akenhead , styled The Hon. Mr Justice Akenhead, is a British judge. He was previously a QC and Head of Chambers at Atkin Chambers, and has been a specialist in construction law since 1973....
and has five full-time High Court judges.
The main location of the court is in St Dunstan's House near the Royal Court of Justice in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. In April 2011, it is scheduled to move its central location from its aged buildings in Fetter Lane
Fetter Lane
Fetter Lane is a street in the ward of Farringdon Without in London England. It runs from Fleet Street in the south to Holborn in the north.The earliest mention of the street is "faitereslane" in 1312. The name occurs with several spellings until it settles down about 1612. There is no agreement...
to the new £200m Rolls Building
Rolls Building
The Rolls Building is a court complex in London opening in October 2011 that will be used by the High Court of Justice The Rolls Building is a court complex in London opening in October 2011 that will be used by the High Court of Justice The Rolls Building is a court complex in London opening in...
. The new building, which will be shared with other divisional courts of the Queen's Bench and Chancery Divisions, will provide 31 courtrooms, 11 hearing rooms and 44 consultation rooms, as well as more daylight, enhanced ventilation and state-of-the-art IT facilities.
As well as its London location, where most cases (including those with an international element) are heard after being started or transferred there, claims can be issued and heard at any of the following regional court centres:
- Birmingham (full-time TCC judge available)
- Bristol
- Cardiff
- Chester
- Exeter
- Leeds
- Liverpool (full-time TCC judge available)
- Manchester (full-time TCC judge available)
- Newcastle
- Nottingham
TCC authorised judges are also available at Leicester, Sheffield and Southampton, although claims cannot be issued there.