The Technology and Construction Court

By David Carter on

The Technology and Construction Court (TCC) is a sub-division of the Queen’s Bench Division, part of the High Court of Justice.

It was formed in October 1998 to hear construction and technology related disputes. While it still does have a strong focus in that area, the TCC has also expanded to cover other civil claims, often those involving large sums of money, which are factually or technically complex.

The Sheriffs Office enforced a TCC judgment just last month for a complex debt of over £1 million relating to a construction project.

Cases covered by the TCC

Some of the key areas the TCC covers include:

  • Claims between landlord and tenant for breach of a repairing covenant
  • Claims between neighbours, owners and occupiers of land in trespass, nuisance, etc.
  • Building or other construction disputes
  • Allegations of lawyers’ negligence arising in connection with planning, property, construction and other technical disputes
  • Claims by and against engineers, architects, surveyors, accountants and other specialised advisors relating to the services they provide
  • Claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings
  • Claims relating to the design, supply and installation of computers, computer software and related network systems
  • Claims relating to the environment
  • Claims arising out of fires
  • Challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.

You can read about the full scope of its work in the Civil Procedure Rules Part 60.

TCC in the High Court and County Court

TCC cases are heard in both the High Court and county court. Although not a hard and fast rule, claims for over £50,000 are generally brought in the High Court.

Many claims are started in the TCC’s London location, which also covers international cases, but can be also be issued and heard in the regional court centres in:

  • Birmingham
  • Bristol
  • Cardiff
  • Chester
  • Exeter
  • Leeds
  • Liverpool
  • Manchester
  • Newcastle
  • Nottingham

How to issue a claim

You must use a claim form under CPR Part 7 or Part 8. Part 8 is normally used when there is no substantial dispute of fact – the claim form must state that the claimant wants to proceed under Part 8.

In either case, the claim form must be marked “Technology and Construction Court” on the form. The claim form, and any amendments, must be verified by a statement of truth.

Enforcement

Enforcement is conducted in the same way as any other judgment, with the application for and issuing of a writ of fieri facias.

Judgments below £600 are enforced by a county court bailiff (CCB), and judgments between £600 and £5,000 can be enforced by either a CCB or a High Court Enforcement Officer (HCEO), but judgments above £5,000 must be enforced by an HCEO.
 

David Carter

David is the CEO of The Sheriffs Office.

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