Agreement Between The Parties

Agreement Between the Parties in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]Many, perhaps most, of the required directions at the first case management conference may be agreed by the parties. If so, the judge will endeavour to make orders in the terms which have been agreed pursuant to Civil Procedure Rules 29.4, unless he considers that the agreed terms fail to take into account important features of the case as a whole, or the principles of the Civil Procedure Rules. The agreed terms will always, at the very least, form the starting-point of the judge’s consideration of the orders to be made at the case management conference. If the agreed terms are submitted to the judge 3 days in advance of the hearing date, it may be possible to avoid the need for a hearing altogether, although it is normally necessary for the Technology and Construction Court to consider the case with the parties (either at an oral hearing or by way of a telephone conference) in any event. The approach outlined in paragraph 5.7.1 above is equally applicable to all other occasions when the parties come before the Technology and Construction Court with a draft order that is wholly or partly agreed.