Commencing a TCC action—High Court or County Court?
Commencing a TCC action—High Court or County Court?

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Commencing a TCC action—High Court or County Court?
  • High Court or County Court?
  • TCC guidelines
  • Practical implications

This Practice Note relates specifically to construction disputes. For more guidance and materials on general litigation topics (not specific to construction) please refer to the Dispute Resolution module.

You should also consider if the proceedings will be subject to the disclosure pilot in the Business and Property Courts. For further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.

High Court or County Court?

Both the High Court and the County Court deal with TCC business.

The TCC in the High Court, as part of its judgment in West Country Renovations v McDowell, issued guidelines for practitioners and parties as to when a claim may be commenced in the TCC in the High Court in London and when it should be commenced in the County Court or other TCC courts outside London.

Akenhead J in West Country raised the issue of transferring a case commenced in the TCC in the High Court to the Central London County Court. His suggestion met with some resistance—the main reason being the benefit of the High Court's case management practices and the ability to secure reasonably early trial dates. This means that it is often preferred over the County Court where there is uncertainty as to the ability to accommodate trials early and the ability to fit in the procedural hearings required prior to the