Author Archives: Tim Killen
A new pre-action protocol (available here) applicable to TCC claims comes into force on 9th November 2016 (the “Protocol”). The Protocol was released at a joint TeCSA and TECBAR event held in Court 26 of the Rolls Building on 2nd November which was chaired by The Honourable Mr Justice Coulson, Judge in Charge of the TCC.
It is of importance to anyone who deals with consumer contracts to know that many of the provisions of the Consumer Rights Act 2015 (the “Act”) are due to come into force tomorrow, 1st October 2015.
In the property damage context, it is common for such consumer contracts to play a key role where allegations that, for instance, a faulty electrical item has caused a fire, or a badly-plumbed pipe has caused an escape of water, are regularly encountered. Continue reading
It is not uncommon for parties to use the threat of enforcing dispute resolution clauses as a means of leveraging favourable settlement agreements. The recent decision of Edwards-Stuart J in Gotch v Enelco Ltd  EWHC 1802 (TCC) may, however, act as a salutary warning to those considering such an approach.
In Gotch, the Claimants had engaged the Defendant to construct two residential properties. One of the properties was to be marketed as a holiday let.
On 5th March 2015, Coulson J handed down the second costs judgment in the case of CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd and Others  EWHC 481 (TCC).
In the previous decision on costs in this matter ( EWHC 3546 (TCC)), the parties were ordered to prepare costs budgets, even though the value of the claim was in excess of the £10million cap in CPR 3.12. In this most recent decision, the Court was tasked with assessing the parties’ budgeted figures.