Q&As

Neither the claimant nor the court has fixed a case management conference (CMC) in the Technology and Construction Court (TCC) County Court. Is there any obligation on them to do so? Also, will a claim in the TCC County Court be struck out if a CMC is not fixed?

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Published on LexisPSL on 30/01/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Neither the claimant nor the court has fixed a case management conference (CMC) in the Technology and Construction Court (TCC) County Court. Is there any obligation on them to do so? Also, will a claim in the TCC County Court be struck out if a CMC is not fixed?
  • Case management conference
  • Strike out

It has been assumed that there are currently no directions in place for the management of the proceedings. It has also been assumed that the claim is not in the shorter trials scheme.

The first case management conference (CMC) in the Technology and Construction Court (TCC) is generally set as early as possible to allow the court to take early control of the proceedings. The general approach of these proceedings is to give directions at the outset for the conduct of the case up to trial and throughout the proceedings. The aim of the court is to serve the overriding objective of dealing with cases justly and proportionately.

The judge to whom the case has been assigned has wide case management powers, which will be exercised to ensure that:

  1. the real issues are identified early on and remain the focus of the ongoing proceedings

  2. a realistic timetable is ordered which will allow for the fair and prompt resolution of the action

  3. appropriate steps are taken to ensure that there is in place a suitable protocol for conducting e-disclosure (this should have been discussed by the parties at an early stage in the litigation and the parties may wish to use the Technology and Construction Solicitors’

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