This collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact.
The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication.
Different essays consider the role of the TCC in procedural reform, the digital transformation of dispute resolution, and building safety. The book also looks at how the TCC has impacted on doctrinal English law.
The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary’s perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O’Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court’s role in the regions.
The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.
Author(s): Peter Coulson, Sir; David Sawtell (editors)
Publisher: Hart Publishing
Year: 2023
Language: English
Pages: 430
City: Oxford
Contents
List of Contributors
Table of Cases
Table of Statutes
Table of Statutory Instruments
Introduction
1. The Antecedents to the Official Referees
I. The Common Law Courts
II. The Courts of Equity
III. Arbitration
IV. The Antecedents of the Official Referees' Court
2. The Early History of the Official Referees from 1873 to 1960
I. Introduction
II. What Led to the Formation of the Office of Official Referees?
III. Emergence of the Office of Official Referees
IV. The Scandal of Innovation
V. The Office of Official Referees vs. Arbitration
VI. Sir Newbolt's Scheme, Transfer of Cases between Official Referees, the Scott Schedule and the Joint Expert
VII. Proceedings before Official Referees
VIII. Sir Eastham and Further Modernisation of Case Management
IX. Who were Official Referees and What did they do?
X. Conclusion
3. Rudimentary Prototypes in Case Management Techniques (1919–49)
I. Sir Francis Newbolt
II. Sir Edward Pollock
III. Sir William Hansell
IV. George Scott KC
V. Lord Birkenhead
VI. Elements of Rudimentary Official Referee Case Management
VII. Conclusions
4. Sir Brett Cloutman: The Last VC of the Great War
I. Introduction
II. Early Life and the Outbreak of War
III. The Military Cross
IV. The Victoria Cross
V. The Bar
VI. The Second World War
VII. Subsequent Legal Career
VIII. Senior Official Referee
IX. Retirement and Death
5. The Later Official Referees and Judges of the Technology and Construction Court
I. Introduction
II. The Steady Growth in Reputation: 1960–1985
III. 'The Golden Age'
IV. The Difficult Years
V. The Redemption
6. The Birth of the Technology and Construction Court
7. The TCC and the Housing Grants, Construction and Regeneration Act 1996
I. Introduction
II. The Genesis of the HGCRA
III. The HGCRA and Enforcement
IV. The HGCRA and Natural Justice
V. The HGCRA and Insolvency
VI. The HGCRA and Payment Notices
VII. The HGCRA and Other Jurisdictions
VIII. Conclusion
8. The TCC Today
I. The Work of the TCC
II. Dispute Avoidance
III. Case Management
IV. Cost Budgeting
V. Disclosure
VI. Witness Statement Practice Direction
VII. Expert Witnesses
VIII. Management of Complex Cases
IX. Case Management of Adjudication Claims
X. Managing Procurement Claims
XI. COVID-19 Legacy
XII. The Future
9. The TCC in the Regions
I. Introduction
II. Manchester
III. Birmingham
IV. Liverpool
V. Leeds
VI. The Future of the TCC Outside London
10. Construction Law, the Arbitration Act 1996 and Beyond: The Contribution of the Technology and Construction Court to Arbitration
I. Introduction
II. Construing and Enforcing Arbitration Agreements
III. The TCC's Supportive Powers
IV. The TCC's Supervisory Jurisdiction
V. Conclusion
11. The TCC and Developments in Technology and Innovation
I. Technology and Digital Innovation: A Timeline
II. The 'T', the 'C' and the 'T&C' in TCC: The Future of Disputes in the TCC
III. Conclusion
12. Fire at the Palace: 150 Years of Fire Safety in Buildings
I. Introduction
II. Fire at the Palace
III. Our Instructions
IV. Eighteen Seventy-Three
V. Nineteen Twenty-Three
VI. Nineteen Seventy-Three
VII. Twenty Twenty-Three
VIII. Conclusion
Appendix
13. The Contribution of the Official Referees' Court and the TCC to the English Common Law
I. Introduction
II. What is Construction Law?
III. Contribution to the Development of the Common Law
IV. Contribution to the Development of Construction Law
V. Conclusion
14. Energy and the Environment: Future Litigation in the TCC
Concluding Thoughts
Appendix: Official Referees and Judges of the Technology and Construction Court 1876–2004
James Anderson QC 1876–1886
George Dowdeswell QC 1876–1889
Charles Roupell 1876–1889
Sir Henry Verey 1876–1920
Rt. Hon. Sir Edward Ridley 1886–1897
George W. Hemming QC 1889–1905
Sir Edward Pollock 1897–1927
Montague Muir-Mackenzie 1905–1919
Sir Francis Newbolt KC 1920–1936
George Alexander Scott 1920–1933
Sir William Hansell 1927–1931
Sir Ronald Bosanquet 1931–1954
Charles Pitman KC 1933–1945
Sir Tom Eastham KC 1936–1954
John Trapnell KC 1943–1949
Herbert Samuels KC 1945–1947
Sir Brett Cloutman VC, QC 1948–1963
Sir Lionel Leach QC 1948–1956
Sir Hubert Hull 1949–1950
Joshua Casswell QC 1951–1959
The Later Official Referees
Index
