TCC proceedings

The Technology and Construction Court (TCC) will generally be appropriate for the determination of disputes involving construction and/or engineering issues. For guidance on the sorts of cases which are suitable for the TCC, see Practice Note: Where to start a civil claim—King's Bench Division—Technology and Construction Court (TCC).

Starting a claim in the TCC

For guidance on how and where to start a TCC claim, see Practice Notes:

  1. Key considerations at the pre-action stage of a construction dispute, and

  2. TCC—starting a claim—High Court or County Court?

CE-File electronic working is mandatory for professional users in certain jurisdictions in the Rolls Building in London including the TCC. For guidance on electronic working in the TCC, see Practice Notes: Electronic working and CE-File—when and where is CE-File applicable?, Electronic working and CE-File—how to use CE-File and Electronic communication and filing of documents by email—CPR PD 5B.

Case and cost management in the TCC

All TCC cases are treated as being allocated to the multi-track under CPR 60.6(1). Note: CPR 26 (which covers, among other things, directions questionnaires, allocation, re-allocation, stays to

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Court of Appeal confirms narrow scope for post-limitation substitution in wrong defendant cases (Adcamp LLP v Office Properties)

Dispute Resolution analysis: The Court of Appeal has ruled that CPR 19.6(3)(b) does not permit substitution of defendants after expiry of the relevant limitation period where such substitution would change the essential facts necessary to establish liability against the substituted defendant. The claimants (respondents in the appeal) had issued proceedings against firms which had acquired the alleged wrongdoers, believing that any liabilities had been transferred. When it emerged (or was at least disputed) that liabilities had not been transferred, they sought to add or substitute the predecessor firm after limitation had expired. The Court of Appeal concluded that CPR 19.6(3)(b) was not engaged since the substitution would change the claim in substance, as an essential element of the case against the original defendant (the pleaded basis for the acquiring firm’s liability) would be replaced by the primary liability claim against the substituted defendant. It was, in effect, a different claim against a different party. The Court of Appeal was clear that any perceived harshness this might cause to claimants could not be mitigated by adopting a broad reading of CPR 19.6(3)(b). Rather, it considered the problem (if any) was caused by earlier binding Court of Appeal authority which had confined the ‘mistake’ gateway in CPR 19.6(3)(a) to errors of name (misnomer) and excluded cases of mistaken legal responsibility/liability (identity). Any solution, if required, would therefore be a matter for the Supreme Court.

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