What is the Technology and Construction Court (TCC)?

What is the TCC?

The Technology and Construction Court (known as the TCC) is often - incorrectly - thought of as a specialist physical High Court buillding located in London.

However, the TCC is actually a specialist list of cases that are dealt with both in the High Court, and in the County Court, and both in London and at hearing centres elsehwere.

What Types of Claims are Suitable for the TCC?

The TCC deals primarily with the litigation of disputes arising in the field of technology, construction, and procurement claims. The former includes traditional “brick and mortar” building cases, but alos many other types. Civil Procedure Rule 60.1(2) and (3) provide that a TCC claim is one that:

1. involves technically complex issues or questions (or for which trial by a specialist TCC judge is desirable; and

2. has been issued in or transferred into the TCC specialist list.

The following are examples of the types of claim which it may be appropriate for the TCC:

1. building or other construction disputes;

2. claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996;

3. engineering disputes;

4. energy disputes, including claims concerning oil & gas pipelines and facilities, onshore and offshore windfarms, waste to energy plants and other renewables;

5. public procurement claims;

6. claims by and against engineers, architects, surveyors, accountants and other specialised advisors relating to the services they provide;

7. claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings;

8. claims relating to the design, supply and installation of computer systems, computer software and related network systems, including BIM systems;

9. claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered;

10. claims between landlord and tenant for breach of a repairing covenant;

11. claims between neighbours, owners and occupiers of land in trespass, nuisance, etc.

12. claims relating to the environment (for example, pollution cases);

13. claims arising out of fires;

14. claims involving taking of accounts where these are complicated; and

15. challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.

 This list is not exhaustive and many other types of claim might well be appropriate for resolution in the TCC.

Value of High Court TCC claims

With the exception of claims to enforce adjudicators’ decisions or other claims with certain special features that justify a hearing before a High Court Judge, the TCC at the Rolls Building in London will not usually accept cases with a value of less than £500,000 unless there is good reason for it to do so.

The value limit for Hight Court TCC claims outside London (i.e. in Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester or Newcastle) is £100,000.

Whilst these limits are not determinative, claims worth less than the respective limits are generally considered more appropriate for the County Court TCC list.

Hamshaw regularly deals with cases in the TCC in London and elsewhere, in both the County Court and the High Court.  Click here to contact us if you require advice or representation from specialist TCC practitioners.