Purpose Of The Technology And Construction Court Guide

Purpose of the Technology and Construction Court Guide

The Technology and Construction Court (“TCC”) Guide is intended to provide straightforward, practical guidance on the conduct of litigation in the Technology and Construction Court. Whilst it is intended to be comprehensive, it naturally concentrates on the most important aspects of such litigation. It therefore cannot cover all the procedural points that may arise. It does, however, describe the main elements of the practice that is likely to be followed in most Technology and Construction Court cases. This Guide does not and cannot add to or amend the Civil Procedure Rules or the relevant practice directions. The purpose and function of this Guide is to explain how the substantive law, rules and practice directions are applied in the Technology and Construction Court and cannot affect their proper interpretation and effect: see Secretary of State for Communities and Local Government v Bovale [2009] 1 WLR 2274 at [36]. The Guide reflects the flexible framework within which litigation in the Technology and Construction Court is habitually conducted. The guidance set out in the Guide is designed to ensure effective management of proceedings in the Technology and Construction Court. It must always be remembered that, if parties fail to comply with these requirements, the Technology and Construction Court may impose sanctions including orders for costs and, following the implementation of the Jackson reforms, will be more ready to do so. In respect of those procedural areas for which specific provision is not made in this Guide, the parties, together with their advisors, will be expected to act reasonably and in accordance with both the spirit of the Guide and the overriding objective at Civil Procedure Rules 1.1 It is not the function of the Guide to summarise the Civil Procedure Rules (“the Civil Procedure Rules”), and it should not be regarded as a substitute for the Civil Procedure Rules. The parties and their advisors are expected to familiarise themselves with the Civil Procedure Rules and, in particular, to understand the importance of the “overriding objective” of the Civil Procedure Rules. The Technology and Construction Court endeavours to ensure that all its cases are dealt with justly and at proportionate cost. This includes ensuring that the parties are on an equal footing; taking all practicable steps to save expenditure; dealing with the dispute in ways which are proportionate to the size of the claim and cross-claim and the importance of the case to the parties; and managing the case throughout in a way that takes proper account of its complexity and the different financial positions of the parties. The Technology and Construction Court will also endeavour to ensure expedition, and to allot to each case an appropriate share of the court’s resources. The Technology and Construction Court Guide has been prepared in consultation with the judges of the Technology and Construction Court in London, Cardiff, Birmingham, Manchester and Leeds, and with the advice and support of TECBAR, TeCSA, the Society for Construction Law, the Society for Computers and Law and the Technology and Construction Court Users’ Committees in London, Cardiff, Birmingham, Manchester, Liverpool and Leeds. The Technology and Construction Court Guide is published with the approval of the Head of Civil Justice and the deputy Head of Civil Justice.