Hearing Of Appeal

The hearing of the appeal in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]Parties should ensure that the Technology and Construction Court is provided only with material that is relevant and admissible to the point of law. This will usually be limited to the award and any documents annexed to the award: see Hok Sport Ltd v Aintree Racecourse Ltd [2003] BLR 155 at 160. However, the Technology and Construction Court should also receive any document referred to in the award, which the Technology and Construction Court needs to read in order to determine a question of law arising out of the award: see Kershaw Mechanical Services Ltd v Kendrick Construction Ltd [2006] EWHC (Technology and Construction Court). On receiving notice of permission being granted, or on issuing an arbitration claim form in a case where leave to appeal is not required, the parties should notify the Technology and Construction Court of their joint estimate or differing estimates of the time needed for the hearing of the appeal. The hearing of the appeal is to be in open court unless an application (with notice) has previously been made that the hearing should be wholly or in part held in private and the Technology and Construction Court has directed that this course should be followed.