Technology and Construction Court

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-exhastive 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.

History

The court was known until 9 October 1998 as the Official Referees' Court, the Technology and Construction Court is one of the specialist courts of the Queen's Bench Division of the High Court.

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 negligence claims and IT disputes as well as enforcement of adjudication decisions and challenges to arbitrators’ decisions.

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 huge. Some of the disputes arise from international construction projects or involve overseas parties..

Since the formation of the TCC the court has grown significantly in importance as evidenced by the fact that an increasing number of full-time High Court judges now sit on the TCC bench. However, the litigation caseload of the TCC has diminished significantly over its history. This reduction in litigation was caused principally by two developments in the world of dispute resolution, each of which has had an impact upon construction disputes:

1) the new Arbitration Act, which came into force in January 1997; and

2) the Housing Grants, Construction and Regeneration Act 1996 and its attendant Scheme for Construction Contracts, which finally came into force in May 1998;

The Housing Grants, Construction and Regeneration Act 1996 now makes adjudication mandatory where a dispute arises out of a contract, including most standard forms of building contract.

Court Locations

TCC cases are managed and heard by specialist judges in London and at centres throughout England and Wales. 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 main High Court centre of the TCC is located at St Dunstan’s House near the Royal Courts of Justice and deals with all High Court TCC claims that begin in or are transferred to London. This includes claims that arise anywhere in England, Wales, as jurisdictions overseas. There are also regional TCC centres at courts or civil justice centres in Birmingham, Bristol, Cardiff, Chester, Exeter/Plymouth, Leeds, Liverpool, Newcastle, Nottingham and Manchester (Salford). There are full time TCC judges at Birmingham, Manchester and Liverpool and authorised TCC judges at the other centres. Judges authorised to deal with TCC business are also available at Leicester, Sheffield and Winchester.

External links

• The Technology and Construction Court

References

See Davis, Michael E., The Technology and Construction Court, Oxford University Press, 2006.