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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Third party costs—Court of Appeal confirms stay pending detailed assessment is case management decision (Federal Republic of Nigeria v VR Global Partners LP)

Dispute Resolution analysis: The Court of Appeal has upheld the decision of a judge at first instance to stay an application for a third-party costs order under section 51 of the Senior Courts Act 1981 until after the conclusion of the detailed assessment of the underlying bill of costs. Dismissing Nigeria’s appeal, the Court of Appeal held that there is no presumption that a third-party costs application should be determined before a detailed assessment. The question is purely one of case management, to be decided in accordance with the interests of justice and the overriding objective. The decision, being within the scope of discretion allowed a judge, was not amenable to appeal; that a different judge would have reached a different conclusion was not in point. Where there is a real question whether any further sum will be payable following assessment (particularly where a substantial payment on account has already been made and costs are to be assessed on the standard basis), it is legitimate to stay the third party application to avoid wasting court resources on what may prove to be a pointless satellite exercise. Of general and at least equal significance to costs practitioners were the Court of Appeal’s strong comments (obiter dicta in strict terms) deprecating disproportionate detailed assessment processes and endorsing the use of sampling as a case management tool in cases involving very significant bills of legal costs. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

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