Technology And Construction Court

Technology and Construction Court

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Contents in relation to the Technology and Construction Court

The topics include the following: Purpose of the Technology and Construction Court Guide, The Civil Procedure Rules, The Technology and Construction Court, The Technology and Construction Court Users’ Committees Specialist Associations

The Technology and Construction Court

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What are Technology and Construction Court Claims?

Civil Procedure Rules 60.1 (2) and (3) provide that a Technology and Construction Court claim is a claim which (i) involves technically complex issues or questions (or for which trial by a Technology and Construction Court judge is desirable) and (ii) has been issued in or transferred into the Technology and Construction Court specialist list. Paragraph 2.1 of the Technology and Construction Court Practice Direction identifies the following as examples of the types of claim which it may be appropriate to bring as Technology and Construction Court claims – (a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisors relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance, etc. (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals. It should be noted that this list is not exhaustive and many other types of claim might well be appropriate for resolution in the Technology and Construction Court. In recent years the range of work in the Technology and Construction Court has become increasingly diverse, and many civil claims which are factually or technically complex are now heard in the Technology and Construction Court. This has included group actions for personal injury and public nuisance, and a number of procurement disputes arising in connection with the Public Contracts Regulations 2006. In addition, the Technology and Construction Court regularly deals with allegations of lawyers’ negligence arising in connection with planning, property, construction and other technical disputes and with applications under the Arbitration Act 1996. However, with the exception of claims to enforce adjudicators’ decisions or other claims with special features that justify a hearing before a High Court Judge, the Technology and Construction Court will not usually accept cases with a value of less than £250,000 (see paragraph 1.3.6 below) unless there is good reason for it to do so. A non-exhaustive list of special features which will usually justify listing the case in the High Court is: (a) Adjudication and arbitration cases of any value; (b) International cases whatever their value (international cases will generally involve one or more parties resident outside the UK and/or involve an overseas project or development); (c) Cases involving new or difficult points of law in Technology and Construction Court cases; (d) Any test case or case which will be joined with others which will be treated as test cases; (e) Public procurement cases; (f) Part 8 claims and other claims for declarations; (g) Complex nuisance claims brought by a number of parties, even where the sums claimed are small; (h) Claims which cannot readily be dealt with effectively in a County Court or Civil Justice centre by a designated Technology and Construction Court judge; (i) Claims for injunctions. For further guidance, see West Country Renovations v McDowell [2013] 1 WLR 416.

The Court

Both the High Court and the County Courts deal with Technology and Construction Court business. Technology and Construction Court business is conducted by Technology and Construction Court judges unless a Technology and Construction Court judge directs otherwise: see Civil Procedure Rules 60.1(5)(b)(ii). Technology and Construction Court business in the High Court is conducted by Technology and Construction Court judges who are High Court judges (who sit principally in the Rolls Building), and by designated circuit judges and recorders. Circuit judges and recorders only have jurisdiction to manage and try Technology and Construction Court cases if they have been nominated by the Lord Chancellor pursuant to section 68(1)(a) of the Senior Courts Act 1981 or are authorised to sit in the Technology and Construction Court as High Court judges under section 9 of that Act. Technology and Construction Court business in the County Court is conducted by Technology and Construction Court judges who include circuit judges and recorders. Technology and Construction Court business may also be conducted by certain district judges (“Technology and Construction Court liaison district judges”) provided that: (1) a Technology and Construction Court judge has so directed under Civil Procedure Rules 60.1(5)(b)(ii); (2) the designated civil judge for the Technology and Construction Court has so directed in accordance with the Practice Direction at Civil Procedure Rules 2BPD11.1(d). It should be noted that those circuit judges who have been nominated pursuant to section 68(1)(a) of the Senior Courts Act 1981 fall into two categories: “full time” Technology and Construction Court judges and “part time” Technology and Construction Court judges. “Full time” Technology and Construction Court judges spend most of their time dealing with Technology and Construction Court business, although they will do other work when there is no Technology and Construction Court business requiring their immediate attention. “Part time” Technology and Construction Court judges are circuit judges who are only available to sit in the Technology and Construction Court for part of their time. They have substantial responsibilities outside the Technology and Construction Court. In respect of a court centre where there is no full time Technology and Construction Court judge, the term “principal Technology and Construction Court judge” is used in this Guide to denote the circuit judge who has principal responsibility for Technology and Construction Court work. The phrase “Technology and Construction Court” or “Technology and Construction Court” or “the court” is used in this Guide to denote any court which deals with Technology and Construction Court claims. All of the courts which deal with Technology and Construction Court claims form a composite group of courts. When those courts are dealing with Technology and Construction Court business, Civil Procedure Rules Part 60, its accompanying Practice Direction and this Guide govern the procedures of those courts. The High Court judge in charge of the Technology and Construction Court (“the Judge in Charge”), although based principally in London, has overall responsibility for the judicial supervision of Technology and Construction Court business in those courts

The Technology and Construction Court in London

The principal centre for Technology and Construction Court work is the High Court in London at the Rolls Building, Fetter Lane, London, EC4. 1NL. The Rolls Building is a new specialist court building off Fetter Lane. The Judge in Charge of the Technology and Construction Court sits principally at the Rolls Building together with other High Court judges who are Technology and Construction Court judges. Subject to paragraph 3.7.1 below, any communication or enquiry concerning a Technology and Construction Court case, which is proceeding at the Rolls Building, should be directed to the clerk of the judge who is assigned to that case and, if by email, copied to the Technology and Construction Court Registry. The various contact details for the judges’ clerks are set out in this legal Encyclopedia. The Technology and Construction Court judges who are based at the Rolls Building will, when appropriate, sit at court centres outside London. Technology and Construction Court County Court cases in London are brought in (or transferred to) the Central London Civil Justice Centre, 13-14 Park Crescent, London W1N 4HT. This court is shortly to move into new accommodation in the Royal Courts of Justice.

District Registries

Technology and Construction Court claims can be brought in the High Court outside London in any District Registry, although the Practice Direction states that it is preferable that, wherever possible, such claims should be issued in one of the following District Registries: Birmingham, Bristol, Cardiff, Chester, Exeter, Leeds, Liverpool, Newcastle, Nottingham and Manchester. There are currently full-time Technology and Construction Court Judges in Birmingham, Manchester and Leeds. Contact details are again set out in this legal Encyclopedia. There are part time Technology and Construction Court judges and/or recorders nominated to deal with Technology and Construction Court business available at most court centres throughout England and Wales. In a number of regions a “Technology and Construction Court liaison district judge” has been appointed. It is the function of the Technology and Construction Court liaison district judge: (a) To keep other district judges in that region well informed about the role and remit of the Technology and Construction Court (in order that appropriate cases may be transferred to the Technology and Construction Court at an early, rather than late, stage). (b) To deal with any queries from colleagues concerning the Technology and Construction Court or cases which might merit transfer to the Technology and Construction Court. (c) To deal with any subsidiary matter which a Technology and Construction Court judge directs should be determined by a district judge pursuant to rule 60.1 (5) (b) (ii). (d) To deal with urgent applications in Technology and Construction Court cases pursuant to paragraph 7.2 of the Practice Direction (i.e. no Technology and Construction Court judge is available and the matter is of a kind that falls within the district judge’s jurisdiction). (e) to hear Technology and Construction Court cases when a Technology and Construction Court judge has so directed under Civil Procedure Rules 60.1(5)(b)(ii) and when the designated civil judge for the Technology and Construction Court has so directed in accordance with the Practice Direction at Civil Procedure Rules 2BPD11.1(d).

County Courts outside London

Technology and Construction Court claims may also be brought in those county courts which are specified in the Part 60 Practice Direction. The specified county courts are: Birmingham, Bristol, Cardiff, Chester, Exeter, Leeds, Liverpool, Newcastle, Nottingham and Manchester. Contact details are again set out in this legal Encyclopedia. Where Technology and Construction Court proceedings are brought in a county court, statements of case and applications should be headed: “In the … County Court Technology and Construction Court”

The division between High Court and County Court Technology and Construction Court cases

As a general rule Technology and Construction Court claims for more than £250,000 are brought in the High Court, whilst claims for lower sums are brought in the County Court. However, this is not a rigid dividing line (see paragraph 1.3.1 above). The monetary threshold for High Court Technology and Construction Court claims tends to be higher in London than in the regions. Regard must also be had to the complexity of the case and all other circumstances. Arbitration claims and claims to enforce or challenge adjudicators’ decisions are generally (but not invariably) brought in the High Court. The scale of fees differs in the High Court and the county court. This is a factor which should be borne in mind in borderline cases.