TCC—eDisclosure Protocol This Practice Note looks at the ‘eDisclosure Protocol’, the second edition of which was published on 9 January 2015, which addresses the disclosure of electronic documents in cases conducted in the Technology and Construction Court. It examines its structure, the issues and guidelines that it covers and some practical considerations. Note: claims started on or after 1 October 2015 in the TCC may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme. For guidance on the disclosure pilot scheme in the Business and Property Courts, see: Disclosure pilot scheme—overview. What is the TCC eDisclosure Protocol? The 'eDisclosure Protocol' (Protocol) was originally launched on 1 November 2013. The second version (version 0.2) of the Protocol was published on the TeCSA website on 9 January 2015. It is intended to assist parties involved in litigation being conducted in the Technology and Construction Court (the TCC) in understanding their disclosure (and particularly e-disclosure) obligations under the rules'>Civil Procedure Rules (CPR) and the Technology and Construction Courts Guide. It also seeks to reduce the disparity in terms of knowledge and experience that is perceived currently to exist amongst practitioners. The drafting of the Protocol
Appointing the adjudicator Produced in association with 4 Pump Court This Practice Note looks at the issues that a referring party will need to consider when seeking the appointment of an adjudicator, such as the timetable, whether an adjudicator is specified or appointed by an adjudicator nominating body (ANB), requirements for a particular adjudicator, and restrictions on or attempts to exclude certain persons from adjudicating the dispute. Finally, guidance for corresponding with the adjudicator is provided. In relation to an adjudicator’s ability to resign and/or for a referring party to terminate their appointment, see Practice Notes: Resignation by the adjudicator and Abandoning or ending an adjudication early. Introduction Once the Notice of Adjudication has been served, the referring party will need to seek the appointment of an adjudicator in a timely manner. This is because the adjudicator must be appointed and the Referral Notice served on them within seven days after the Notice of Adjudication (where the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies). Where the HGCRA 1996 does not apply, a different period may be specified in the contract. The adjudicator or ANB will often be specified in the contract. In the absence of a named person/body, the referring party should apply to an entity holding itself out as an ANB (see below under No named adjudicator or nominating body). The request for the person to act as
Discover our 17 Practice Notes on TeCSA
Case Management Directions Form (TCC Court Guide, Appendix B) Action no HT-................................ [Insert name of judge in title of order] [Delete or amend the following directions, as appropriate to the circumstances of the case.] 1 [Trial date ................................] For the purposes of payment of the trial fee, but for no other purposes, this date is provisional. This date will cease to be provisional and the trial fee will become payable on … [usually 2 months before the trial date] 2 [Estimated length of trial ................................] 3 Directions, if appropriate, (a) for the trial of any preliminary issues or (b) for the trial to be divided into stages … 4 This action is to be consolidated/ managed and tried with action no[ …]The lead action shall be[ …]. All directions given in the lead action shall apply to both actions, unless otherwise stated. 5 Further statements of case shall be filed and served as follows: Defence and any counterclaim by 4 pm on […] Reply (if any) and defence to counterclaim (if any) by 4 pm on […] 6 Permission to make the following amendments […] 7 Disclosure: by 5 pm on […] To be standard disclosure/on the basis set out in CPR 31(5)(7) On the basis set out in CPR 31(5)(7) Specific directions in respect of electronic disclosure
Dive into our 1 Precedents related to TeCSA
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and judicial decisions including those of the Court of Appeal in Lejonvarn v Burgess (Part 36) and Filatona Trading Ltd v Navigator Equities Ltd (contract interpretation) and of the latest CPR updates due to be implemented in March and April; dates for your diary; details of our most recently published content (including Q&As); and other information of interest to general dispute resolution practitioners.
This week's edition of Construction weekly highlights includes publication of a new sub-contract for use with the FIDIC Yellow Book 1999, the announcement that a suite of NEC4 facilities management contracts is planned for release in early 2020 and confirmation that the TeCSA Low Value Disputes Adjudication Service is to continue on a permanent basis.
Read the latest 20 News articles on TeCSA
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
"We constantly have to look at our own supply chain and choose the best value and quality-focused solutions for our offices. That was really the genesis of our switch to LexisNexis."
Access all documents on TeCSA
0330 161 1234