> ### PRACTICE DIRECTION

> ### PART 49C - TECHNOLOGY AND CONSTRUCTION COURT

> ### See also Civil Procedure Rules

> ### THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 49 AND REPLACES, WITH MODIFICATIONS, ORDER 36 OF THE RULES OF THE SUPREME COURT

> ### GENERAL

> 1.1 | This practice direction applies to cases allocated to the Technology and Construction Court ("the TCC").
> 1.2 | A TCC claim is a claim which involves issues or questions which are technically complex or for which a trial by a judge of the TCC is for any other reason desirable.
> 1.3 | TCC claims may be dealt with either in the High Court or, subject to paragraph 2.3 below, in a county court but cases allocated to the TCC will, unless and until a judge of the TCC otherwise directs, be dealt with by a judge of the TCC.
> 1.4 | A judge will be appointed to be the judge in charge of the TCC (currently Mr Justice Dyson).

> ### COMMENCEMENT OF PROCEEDINGS

> 2.1 | Before the issue of a claim form relating to a TCC claim, the claim form, whether to be issued in the High Court or in a county court, should, if it is intended that the case be allocated to the TCC, be marked in the top right hand corner "Technology and Construction Court". The case will then be allocated to the TCC. The words "Technology and Construction Court" should follow the reference to "The ___ County Court" or "The High Court, Queen's Bench Division", as the case may be.
> 2.2 | The TCC is a specialist list for the purposes of CPR Part 30 (Transfer) but no order for the transfer of proceedings from or to the TCC shall be made unless the parties have either: had an opportunity of being heard on the issue, or consented to the order.
> 2.3 | A claim form marked as mentioned in paragraph 2.1 may not be issued in a county court office other than: a County Court office where there is also a High Court District Registry; or the office of the Central London County Court.
> 2.4 | Where a claim form marked as mentioned in paragraph 2.1 is issued in the Royal Courts of Justice, the case will be assigned to a named TCC judge (the "assigned judge") who will have the primary responsibility for the case management of that case. All documents relating to that case should be marked, under the words "Technology and Construction Court" in the title, with the name of the assigned judge.

> ### APPLICATIONS

> 3.1 | Where a claim form is to be marked as mentioned in paragraph 2.1, any application before issue of the claim form should be made to a judge of the TCC.
> 3.2 | If an application is made before the issue of the claim form, the written evidence in support of the application must state, in addition to any other necessary matters, that the claimant intends to mark the claim form in accordance with paragraph 2.1.
> 3.3 | Any application in a case which has been allocated to the TCC must be made to a judge of the TCC.
> 3.4 | Where there is an assigned judge of a TCC case, any application in that case should be made to the assigned judge but, if the judge in charge of the TCC so authorises or if the assigned judge is not available, may be made to another judge of the TCC.
> 3.5 | If an application is urgent and no TCC judge is available to deal with it, the application may be made to any judge who, if the case were not allocated to the TCC, would be authorised to deal with the application.

> ### CASE MANAGEMENT

> 4.1 | Every claim allocated to the TCC will be allocated to the multi-track and the CPR relating to track allocation will not apply.
> 4.2 | Where a claim has been allocated to the TCC either on issue (i.e. in every case in which the claim form has been marked "Technology and Construction Court") or by transfer to the TCC, an application for directions (including an application for a fixed date of hearing) must be made by the claimant within 14 days of the filing by the defendant of an acknowledgement of service or of a defence (whichever is the earlier) or, as the case may be, within 14 days of the date of the order of transfer.
> 4.3 | If the claimant does not make an application in accordance with paragraph 4.2- any other party may do so or may apply for the claim of the claimant in default to be struck out or dismissed; or a TCC judge may on his own initiative fix a directions hearing.
> 4.4 | The provisions of CPR Part 29 and the practice direction supplementing that Part apply to the case management of TCC cases except where inconsistent with this or any other TCC practice direction. But reference in those provisions to a listing questionnaire shall be read as references to a pre-trial review questionnaire and paragraphs 8 and 9 of the practice direction do not apply. Attention is drawn, in particular, to the following provisions of CPR Part 29 and the supplementing practice direction: CPR Part 29
> rule 29.3(2) | (attendance of legal representatives)
> rule 29.4 | (agreed proposals)
> rule 29.5 | (variation of case management timetable)
> rule 29.6 | (pre-trial review (listing) questionnaire)
> Practice Direction supplementing CPR Part 29
> paragraphs 3.4 to 3.9 | (general provisions)
> paragraphs 5.1 to 5.8 | (case management conferences)
> paragraphs 6.1 to 6.5 | (variation of directions)
> paragraphs 7.1 to 7.4 | (failure to comply with case management directions)
> paragraphs 10.1 to 10.6 | (the trial)

> ### CASE MANAGEMENT CONFERENCE

> 5.1 | The first case management conference will take place at the directions hearing referred to in paragraphs 4.2 and 4.3 above.
> 5.2 | When the court notifies the parties of the time and date of the hearing of the first case management conference it will also send them a case management questionnaire and a case management directions form. These documents will be in the forms annexed to this practice direction, and marked respectively Appendix 1 and 2.
> 5.3 | The parties shall complete, exchange and return both forms by no later than 4pm two days before the date on which the case management conference is to take place. The parties are encouraged to try to agree directions by reference to the case management directions form.
> 5.4 | If a party fails to exchange or return the forms by the date specified, the court may make an order which leads to the claim or defence being struck out, or impose such other sanction as it sees fit, or may hold a case management conference without the forms.
> 5.5 | At the first case management conference, the court will usually fix the date for trial of the case and of any preliminary issue that it orders to be tried. It will also give case management directions. The directions will usually include the fixing of a date for a pre-trial review.
> 5.6 | Whenever possible, the trial of a case will be heard by the assigned judge of that case.

> ### PRE-TRIAL REVIEW

> 6.1 | When the court fixes the date for a pre-trial review it will also provide the parties with a pre-trial review questionnaire and a pre-trial review directions form. These documents will be in the forms annexed to this practice direction marked respectively as Appendix 3 and 4.
> 6.2 | The parties shall complete, exchange and return both forms no later than 4pm two days before the date on which the pre-trial review is to take place. The parties are encouraged to try to agree directions by reference to the pre-trial review directions form.
> 6.3 | If a party fails to exchange or return the pre-trial review questionnaire or pre-trial review directions form by the date specified, the court may make an order which leads to the claim or defence and any counterclaim being struck out, or it may impose such other sanction as it sees fit, or it may hold a pre-trial review without the forms.
> 6.4 | At the pre-trial review, the court will give such directions for the conduct of the trial as it sees fit.

> ### THE CIVIL PROCEDURE RULES

> 7.1 | The Civil Procedure Rules and the practice directions supplementing them apply to TCC cases subject to the provisions of this practice direction and any other TCC practice direction.

> ### Appendix 2

> ### TECHNOLOGY AND CONSTRUCTION COURT

> ### CASE MANAGEMENT CONFERENCE DIRECTIONS FORM

> | CLAIM 199 TCC No . ORDER ON CASE MANAGEMENT CONFERENCE HELD 1999 ( ) Trial: Week beginning. Estimated lengthdays. [Directions, if appropriate, for separate trials of issues or for parties to serve and file proposals for such directions] ( ) This claim to be [consolidated] [ managed and tried] with 19TCC No. [This] [19TCC No] to be lead claim. [All directions in lead claim to apply to both claims unless otherwise directed.] ( ) Permission to amend [see below]. ( ) Defence and any counterclaim to be served byam/pm on1999/20. ( ) Reply to defence, if desired, and defence to any counterclaim, to be served byam/pm on1999/20. ( ) Disclosure of documents byam/pm on 1999/20. [Standard disclosure dispensed with/limited/varied as follows: ]. ( ) Claimant/defendant to serve a Scott Schedule [of defects and damages] [under paragraphof the particulars of claim/defence] byam/pm on1999/20. Column headings to be as follows: [see below]. ( ) Defendant/claimant to respond to the Scott Schedule byam/pm on1999/20. ( ) Signed statements of witnesses of fact to be served [and filed] byam/pm on1999/20. [Directions, if appropriate, for control of evidence of fact under rule 32.1] ( ) [No expert evidence without further order] [Permission for expert evidence on the following terms: (see below)]. ( ) [Inspections to be made/samples to be obtained/experiments to be conducted/ calculations to be carried out as follows: ]. ( ) Experts in like fields to hold discussions in accordance with rule 35.12 byam/pm on1999/20on [all the issues arising in their common fields] [the following issues: ]. Statements under rule 35.12(3) to be prepared and filed byam/pm on1999/20. ( ) The parties are to consult with each other and the court with a view to arranging service and (where required) filing of statements of case, witness statements, experts' reports, disclosure lists and other documents in computer readable form as well as in hard copy. Format for court disks: ( )[Time under paragraphsabove not to be extended without permission.] ( ) ( )Pre-trial Review:. Time allowed:. Parties to complete, file and serve pre-trial questionnaire, after consultation, byam/pm on1999/20. ( )Liberty to restore. Costs in cause. Permission to amend The [Part 20] claimant/defendant to have permission to [re-]amend the [Part 20] particulars of claim/defence [and counterclaim]/reply to defence [and defence to counterclaim] in accordance with the draft initialled by the Judge. Re-service [to be effected byam/pm on1999/20 ] [deemed to have been effected today]. The [Part 20] defendant/claimant to have permission to [re-]amend the defence/reply to defence [and defence to counterclaim] byam/pm on1999/20, limited to amendments consequential upon the amendment for which permission is first given above. The [Part 20] claimant/defendant to pay in any event the costs of and consequential upon that amendment, or thrown away thereby [and of this application]. Scott Schedule
> Column headings: | 1. Serial number. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
> Expert Evidence
> Party (or state "Joint") | Field | Name | Date for exchange | Whether leave for oral evidence
> Reports to be exchanged [and filed] byam/pm on the dates specified.

> ### Appendix 4

> ### TECHNOLOGY AND CONSTRUCTION COURT

> ### PRE-TRIAL REVIEW DIRECTIONS FORM

> | ( ) [Directions in relation to orders not yet complied with] ( ) Trial bundle to include [all admissible disclosed documents required by either party][documents in the following categories only: .] Claimant/defendant to serve proposed index of trial bundle by am/pm on 1999/20. Defendant/claimant to respond byam/pm on1999/20. Trial bundle to be agreed byam/pm on1999/20 and filed byam/pm on1999/20 with any witness statements and experts' reports not already filed. ( ) Claimant/defendant to open trial and to serve and file chronology, cast list and note of opening byam/pm on1999/20. [Defendant/claimant to make an opening response and to serve and file a note of it byam/pm on1999/20.] ( ) Disks (if obtainable) of statements of case, witness statements, experts' reports, trial bundle and opening notes, so far as not already filed, to be filed informat byam/pm on1999/20. ( ) [Adjourned hearing of pre-trial review, if required] ( ) Costs in cause.

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