Tue, 02 Aug 2011
Our newly formed Technology and Construction Group starts life with immediate effect. This new group will serve the Technology and Construction Courts in London, Birmingham and Bristol as well as other those other court centres where the TCC operates.
The new group brings together members of chambers who were formerly part of our Construction Group and others practising in areas of law giving rise to claims that may be assigned to the TCC. This internal change to our grouping arrangements is intended to reflect the diversity of work assigned to the TCC by the Part 60 Practice Direction as well as the diversity of work undertaken by the members of the group. This change also reflects the increasing instructions from clients to undertake work relating to TCC claims.
The TCC is primarily associated with construction and engineering disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996, but these claims do not represent the entire scope of work assigned to the TCC. A non-exhaustive list of claims that are suitable for trial in the TCC is provided in the Part 60 Practice Direction which includes professional negligence claims against architects, accountants, engineers, surveyors and specialised advisers; claims by and against Local Authorities relating to their statutory duties concerning the development of land or the construction of buildings; claims relating to the design, supply and installation of computers, computer software and related network systems (which often raise issues that are similar in content to building disputes); claims relating to the quality of goods sold or hired, work done, materials supplied and services rendered; landlord and tenant dilapidations claims; claims between neighbours in trespass, nuisance and for the escape of dangerous things from land (i.e. Rylands v. Fletcher claims); environmental and pollution claims; claims arising from fires; claims involving complicated taking of accounts; and lastly, but not least, challenges to the decisions of arbitrators in construction disputes (including applications for permission to appeal).
The important feature of all TCC claims, whether included in the non-exhaustive list or not, is that they should involve issues or questions that are technically complex or for which trial by a TCC judge is desirable (see CPR 60.1(3)).
The members of our Technology and Construction Group all have experience of the TCC and its procedures which are tailored to the needs of complex, lengthy cases that are actively managed by a TCC judge from commencement through to trial in accordance with the TCC Guide. The guide covers topics such as case management and the first CMC, disclosure, the form and content of witness statements, expert evidence (including the new and increasingly popular practice of concurrent evidence, or 'hot tubbing' as it is commonly known), the Pre-trial review and the trial itself as well as specific requirements relating to trial bundles. In addition, and of particular relevance when dealing with costs, is the pre-action protocol for construction and engineering disputes with which all members of the group are familiar.
A number of the members of the newly formed group are experienced adjudicators, arbitrators and mediators in addition to practising as advocates, and some have experience of acting as 'expert' for the purposes of Expert Determination proceedings which continue to grow in importance and are amenable to supervision by the TCC where the underlying issues dealt with by the expert fall within the definition of TCC claims.
We are sure that the change we have made to our internal grouping structure will assist with the smooth allocation of practitioners to suit the needs of our clients.
Click Here to view the members of the Technology and Construction Group.
For further information please contact us via construction@no5.com.
