Hearings In Court

Hearings in Court in relation to the Technology and Construction Court

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First Case Management Conference

the Technology and Construction Court will normally require the parties to attend an oral hearing for the purposes of the first Case Management Conference. This is because there may be matters which the judge would wish to raise with the parties arising out of the answers to the case management information sheets and the parties’ proposed directions: see section 5.4 below. Even in circumstances where the directions and the case management timetable may be capable of being agreed by the parties and the court, the assigned judge may still wish to consider a range of case management matters face- to-face with the parties, including cost budgeting and Alternative Dispute Resolution. For these reasons Civil Procedure Rules 29.4 may be applied more sparingly in the Technology and Construction Court. Whilst the previous paragraph sets out the ideal position, it is recognised that in low value cases the benefits of personal attendance might be outweighed by the costs involved. This is particularly so at court centres outside London, where the parties may have to travel substantial distances to court. Ultimately, the question whether personal attendance should be dispensed with at any particular case management conference must be decided by the judge, after considering any representations made and the circumstances of that particular case.

Pre-trial Review

It will normally be helpful for the parties to attend before the judge on a Pre-trial Review (“PTR”). It is always preferable for Counsel or other advocates who will be appearing at the trial to attend the Pre-trial Review. Again, even if the parties can agree beforehand any outstanding directions and the detailed requirements for the management of the trial, it is still of assistance for the judge to raise matters of detailed trial management with the parties at an oral hearing. In appropriate cases, e.g. where the amount in issue is disproportionate to the costs of a full trial, the judge may wish to consider with the parties whether there are other ways in which the dispute might be resolved. See below for detailed provisions relating to the Pre-trial Review.

Interim Applications

Whether or not other interim applications require an oral hearing will depend on the nature and effect of the application being made. Disputed applications for interim payments, summary judgment and security for costs will almost always require an oral hearing. Likewise, the resolution of a contested application to enforce an adjudicator’s decision will normally be heard orally. At the other end of the scale, applications for extensions of time for the service of pleadings or to comply with other orders of the Technology and Construction Court can almost always be dealt with by way of a telephone hearing or in writing and, indeed, orders sometimes expressly provide for this.