Paper Applications

Paper Applications in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]Civil Procedure Rules 23.8 and paragraphs 11.1-11.2 of Practice Direction 23A enable certain applications to be dealt with in writing. Parties in a Technology and Construction Court case are encouraged to deal with applications in writing, whenever practicable. Applications for abridgments of time, extensions of time and to reduce the trial time estimate can generally be dealt with in writing, as well as all other variations to existing directions which are wholly or largely agreed. Disputes over particular aspects of disclosure and evidence may also be capable of being resolved in this way. If a party wishes to make an application to the court, it should ask itself the question: “Can this application be conveniently dealt with in writing?” If it can, then the party should issue the application and make its (short) written submissions both in support of its application and why it should be dealt with on paper. The application, any supporting evidence and the written submissions should be provided to all parties, as well as the court. These must include a draft of the precise order sought. There are some paper applications which can be made without notice to the other party or parties: see Civil Procedure Rules 23.4(2), 23.9 and 23.10. The party against whom the application is made, and any other interested party, should respond within 3 days dealing both with the substantive application and the request for it to be dealt with in writing. The Technology and Construction Court can then decide whether or not to deal with the application in writing. If the parties are agreed that the Technology and Construction Court should deal with it in writing, it will be rare for the Technology and Construction Court to take a different view. If the parties disagree as to whether or not the application should be dealt with in writing, the Technology and Construction Court can decide that issue and, if it decides to deal with it in writing can go on to resolve the substantive point on the basis of the parties’ written submissions. Further guidance in respect of paper applications is set out in Section 6.7 below. It is important for the parties to ensure that all documents provided to the Technology and Construction Court are also provided to all the other parties, so as to ensure that both the Technology and Construction Court and the parties are working on the basis of the same documentation. The pagination of any bundle which is provided to the Technology and Construction Court and the parties must be identical.

Paper Applications in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]As noted in Section 4 above some applications may be suitable for determination on paper under the procedure set out in paragraph 4.4 above. In addition, certain simple applications (particularly in lower value cases) arising out of the management of the proceedings may be capable of being dealt with by correspondence without the need for any formal application or order of the court. This is particularly true of applications to vary procedural orders, which variations are wholly or largely agreed, or proposals to vary the estimated length of the trial. In such cases, the applicant should write to the other parties indicating the nature of its application and to seek their agreement to it. If, however, it emerges that there is an issue to be resolved by the court, then a formal application must be issued and dealt with as a paper application or, possibly, at an oral hearing. It is essential that any communication by a party to the judge or the Technology and Construction Court is copied to all other parties, subject to section 6.10 below (applications without notice).