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PRACTICE NOTES
NOTE: The 152nd PD update came into force on 1 December 2022, see: 151st and 152nd Practice Direction updates—changes in force 16 November 2022 and 1 December 2022, LNB News 21/11/2022 54. The PD update formally renumbered CPR PD 3E (costs management) as CPR PD 3D to reflect the cross referencing amends that were made in the Civil Procedure (Amendment No 2) Rules 2022, SI 2022/783 and 149th PD update. From 1 December 2022, the costs management PD was renumbered as CPR PD 3D. The Technology and Construction Guide refers to CPR PD 3E but should be read as referring to CPR PD 3D until it is formally updated. This Practice Note considers costs management in the Technology and Construction Court (TCC). While many of the provisions in the CPR apply it is also necessary to consider specific provisions in the Technology and Construction Court Guide which may set out additional requirements. The Practice Note considers costs management generally in the TCC, the requirement for costs budgets and the making of costs management orders as well as how costs disputes will
PRACTICE NOTES
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 (TCC). It examines its structure, the issues and guidelines that it covers and some practical considerations. Note 1: the eDisclosure Protocol pre-dates CPR PD 57AD (in effect from 1 October 2022) which governs disclosure in many claims in the TCC. It has separate processes for handling e-disclosure in such cases which are different from those discussed in the eDisclosure Protocol. In many instances the provisions of CPR PD 57AD build on and set out more elaborate requirements than the processes described in the eDisclosure Protocol. Public procurement claims and Part 8 claims are not subject to CPR PD 57AD (see paras 1.4(2) and 1.4(7) respectively). For guidance on CPR PD 57AD, see: Disclosure Scheme (Business & Property Division)—overview referring to CPR PD 57AD. There is guidance published by the International Legal Technology Association (ILTA) on ‘Generative AI Best Practice Guide for Court-ordered
PRACTICE NOTES
This Practice Note provides guidance on expert evidence in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and Technology and Construction Court Guide, para 14.1 onwards. In particular, it considers the relevance of experts in TCC claims, the experts’ duties, case and cost managing expert evidence (including pursuant to CPR 35.4 of the CPR), single joint experts (SJEs), experts’ meetings, experts’ joint statements, experts’ reports and the giving of expert evidence at trial whether concurrently (through ‘hot-tubbing’) or in the more traditional adversarial way. Finally, the consequences of failing to comply with expert obligations are considered along with practical tips on expert evidence in the TCC. Note: • shorter and flexible trials schemes—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 Division—shorter trials scheme and Business and Property Division—flexible trials scheme
PRACTICE NOTES
This Practice Note provides guidance on witness statements and factual evidence for use at trial in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and Technology and Construction Court Guide (the ‘TCC Guide), paras 12.1–12.4 In particular, it considers drafting witness statements for use at TCC trials and offers guidance on using witness summaries for reluctant or unavailable witnesses, what to do where the witness’ command of English is not strong, and cross-referencing documents in witness statements and supplemental witness statements. It also addresses filing and serving witness statements in TCC claims, giving evidence at a TCC trial and the potential consequences for failing to comply with relevant provisions. Finally, it offers practical tips on witness evidence for TCC trials. This Practice Note covers witness statements and factual evidence for trial. For guidance on: • witness statements in support, response or reply to interim applications in the TCC—see Practice Note: Making an application in the Technology and Construction Court (TCC) • the court’s powers under CPR 32.2(3) to limit the number and length of
PRACTICE NOTES
This Practice Note considers starting a claim in the Technology and Construction Court (TCC). In particular it examines the guidelines given in the case of West Country Renovations v McDowell (which is reflected in the Technology and Construction Court Guide, para 1.3.2) regarding when a TCC action should be commenced in the High Court in London as compared with the High Court outside London or the County Court. This Practice Note should be read in conjunction with Practice Note: Where to start a civil claim, which sets out general guidance on where civil claims should be commenced. What types of claims are suitable for the TCC? The sort of claims that are dealt with in the TCC are set out in the TCC Court Guide (TCC Guide), para 1.3.1. The TCC Guide expressly includes, within building or other construction disputes, claims to enforce adjudicators’ decisions and applications or claims under the Building Safety Act 2022. It also refers to public procurement claims, principally those under the Public Contract Regulations 2015, to the extent still applicable,
PRACTICE NOTES
ARCHIVED: This Practice note has been archived and is not maintained. Environmental, social and governance issues (ESG) have risen high up the corporate agenda in recent years with society, the media, customers, employees and investors now increasingly weighing up the measurable and comparable aspects of ESG considerations when judging a business or a board of directors. Reflecting this heightened focus on ESG considerations, companies are subject to an increasing range of legislative and regulatory requirements relating to their reporting of ESG issues. As company reporting on ESG issues has evolved, a plethora of voluntary reporting frameworks and standards has emerged to assist and shape how organisations measure, assess and report on ESG issues to investors and other stakeholders. This Practice Note considers the major ESG reporting frameworks and the various initiatives to establish a global universal framework for companies to report on ESG issues. It begins with a look at the disclosure recommendations of the Task Force on Climate-related Financial Disclosures which began as a voluntary set of recommendations
NEWS
The Chancery Lane Project (TCLP) has launched an open-source WordPress plugin that enables artificial intelligence (AI) systems to access streamlined, machine-readable versions of legal website content. The tool detects AI agents and serves simplified page formats, reducing data processing requirements by up to 90% in early testing. TCLP developed the plugin to improve access to its library of climate-aligned contract clauses used in over 110 countries and has released it as an open-source resource for wider use.
PRACTICE NOTES
This index links to practical guidance dealing with the key provisions of the Town and Country Planning Act 1990 (TCPA 1990), on a section-by-section basis. Part III—Control over development Meaning of development Section Practical guidance TCPA 1990, s 55—Meaning of ‘development’ and ‘new development’ Operational developmentMaterial change of usePlanning issues in demolitionPermitted development in EnglandOperation of the Use Classes Order in EnglandLocal Development OrdersOperation of the Use Classes Order in WalesApplying for planning permission—procedureWorks to trees, tree preservation orders and trees in conservation areasPermitted development rights and the prior approval systemPermitted development in WalesThe statutory test for section 106 agreements and interaction with Community Infrastructure Levy (CIL)Environmental impact assessment—screening and scopingCommunity Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paidEnvironmental impact assessments—key pointsPlanning due diligence—reporting on planning permissions—checklistPlanning conditions—key pointsDemolition for construction lawyersEnforcement notice appeals and challengesLawful development certificatesAgricultural buildings and land: permitted development rightsThe planning regime for decommissioning nuclear facilities in
PRECEDENTS
TOWN AND COUNTRY PLANNING ACT 1990 THE EXTINGUISHMENT OF VEHICULAR RIGHTS ON HIGHWAY [insert highway description and number] ORDER [insert number] The Council of the London Borough of [insert name of borough] (The Council) makes this Order in exercise of the powers under section 249 of the Town and Country Planning Act 1990 (‘the Act’). 1 The Council hereby authorises the extinguishment of vehicular rights on the highway described in, and shown on the plan,
PRECEDENTS
TOWN AND COUNTRY PLANNING ACT 1990 THE EXTINGUISHMENT OF VEHICULAR RIGHTS ON HIGHWAY [insert highway description and number] ORDER [insert number] (outside London) The Secretary of State makes this Order in exercise of the powers under section 249 of the Town and Country Planning Act 1990 (‘the Act’). 1 The Secretary of State hereby authorises the extinguishment of vehicular rights on the highway described in, and shown on the plan, in [Schedule 1] to
PRECEDENTS
London Borough of [insert name of Borough], Town and Country Planning Act 1990 The Council of the London Borough of [insert name of Council] gives notice of the proposal to make an Order under Town and Country Planning act 1990, s 249 (TCPA 1990) to authorise the extinguishment of vehicular rights on [insert description of highway where vehicular rights are to be extinguished], more particularly described in and shown on the plan in Schedule 1 below. The
PRECEDENTS
The Secretary of State gives notice of the proposal to make an Order under section 249 of the Town and County Act 1990 (TCPA 1990) to authorise the extinguishment of vehicular rights on [insert description of highway where vehicular rights are to be extinguished], more particularly described in and shown on the plan in Schedule 1 below. The proposed order is made in accordance with a proposal by resolution under reference [insert reference number of resolution] adopted by