The third revision of the second edition of the Technology and Construction Court Guide (TCC Guide) was published on the Ministry of Justice’s website on 1 May 2014. A variety of changes have been made throughout the TCC Guide. The most significant of these are described below. Full details of all changes made to the TCC Guide are set out in a table which can be found here.
Section 1, an introduction to the TCC itself, has been updated to reflect the decision in West Country Renovations Ltd v McDowell and another that, generally, claims with a value of less than £250 000 should not be started in the TCC in the High Court in London. Instead these should go to the High Court outside of London or a County Court. This figure has increased significantly from £50 000, the figure stipulated in previous versions of the guide. Exceptions to this rule are claims to enforce adjudicator’s decisions and claims with “special features”, a non-exhaustive list of which has been provided in the new TCC Guide.
Section 5, ‘Costs and Case Management and the First CMC’, has also undergone several changes. These include a widening of judges’ costs and case management powers, the exchange of costs budgets before the first CMC, the extension of matters which must be discussed at the first CMC and new provisions regarding what should be included in the permanent case management bundle. Presumably these are all aimed at reducing the cost of litigation for users of the TCC.
Section 6.10 is an entirely new section dealing with applications without notice (following the first CMC). It includes guidelines as to when applications can be made without notice, applications which require oral hearings and the duties of an applicant making an application without notice.
Section 16.3 on costs management is also new and is intended to reflect the requirements of CPR 3.12 to 3.18. This section focuses on the court’s consideration of the parties’ costs budgets at the first CMC and sets out when a Costs Management Order will be made. It emphasises that the court will control the parties’ budgets in respect of recoverable costs and will not depart from them without good reason to do so.
The TCC Guide, second edition, third revision can be found here.