Category Archives: Procedure

Electronic filing from 25 April 2017 for all Rolls Building jurisdictions

From 25 April 2017 when term-time resumes, it will no longer be possible to issue claims or applications, or to file documents, on paper; all issuing and filings in any of the jurisdictions of the Rolls Building instead have to be made through the website.

The website can be accessed via this link.

 

The Rolls Building jurisdictions relevant to property damage include:

  • TCC
  • Admiralty and Mercantile Court
  • Commercial Court

the other jurisdictions (less relevant to property damage) include the Chancery Division, IPEC, Patents Court, Financial List and the Bankruptcy and Companies Court.

 

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New Courts: Business and Property Courts

From the press release on the Judiciary website:

“From June of this year, the specialist civil courts are to be known as the “Business and Property Courts of England and Wales”.

The Business and Property Courts will be the new name for England and Wales’ international dispute resolution jurisdictions and will act as a single umbrella for business specialist courts across England and Wales.

It will encompass the specialist courts and lists of the High Court:

  • the Commercial Court, (including the Admiralty Court),
  • the Technology and Construction Court (“TCC”), and
  • the courts of the Chancery Division (including those dealing with financial services, intellectual property, competition, and insolvency).

The new arrangements will preserve the familiar practices and procedures of these courts, whilst allowing for more flexible cross-deployment of judges with suitable expertise and experience to sit on appropriate business and property cases.”

 

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Amendments to Pleadings: Al Nahda Insulation Contracting LLC & Another v Tremco Illbruck Export Ltd

In Al Nahda, the TCC has maintained its strict approach to late amendments, and those which it does not consider have any real prospect of success. Continue reading

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Filed under Particulars of Claim, Pleadings, Procedure, Statements of Case

2TG Damage Day 2016

Thanks to all those who attended 2TG’s Damage Day 2016. The day was a great success, with a record number of attendees.

A special thanks to the Hon. Mr Justice Coulson who delivered the keynote speech.

 Many thanks to our speakers:

  • Howard Palmer QC who spoke on the problems of causation in contract and negligence based property damages cases
  • Jessica van der Meer who spoke on knowledge of malfunction and attribution of knowledge in property damage cases
  • Sonia Nolten who spoke on the meaning of “reasonable opportunity to abate” in subsidence claims.
  • George Hilton who spoke on procedure & awards under the Party Wall Act 1996
  • Ben Hobby FCA, Dip CII, of RGL Forensics who provided the expert perspective on proving a loss of profits calculation
  • Daniel Crowley & Isabel Barter who spoke on expert evidence & the Ocensa Pipeline Group Litigation Action
  • Andrew Miller QC who spoke on the changing face of mediation in property damage claims.

You can catch some of the highlights of Damage Day 2016 on 2TG’s twitter account: @2TempleGardens

We look forward to seeing you at Damage Day 2017

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Filed under ADR, Breach of contract, Causation, Contribution, Duty of Care, Expert Evidence, Fires, Floods, Insurance, Limitation, Natural Disaster, Nuisance, Party Walls, Procedure

Professional Negligence and the Restricted Restrictions on Expert Evidence

In the recent case of Wattret and Wattret v Thomas Sands Consulting Ltd [2015] EWHC 3455 (TCC), Mr Alexander Nissen QC, sitting as a Deputy High Court Judge, revisited the position on when a judge should permit expert evidence relating to how professionals should conduct themselves. Continue reading

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Filed under Expert Evidence, Procedure

When to proceed in the TCC?

This question has been recently revisited by Coulson J in Chliaifchtein v. Jessop [2015] EWHC 3167 (TCC). In short, his Lordship approved the existing practice that a claim with a value of less than £250,000 should be commenced in the County Court or a District Registry with a designated TCC judge, subject to the following non-exhaustive list of exceptions: Continue reading

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Shorter and flexible trials pilot scheme

From 1 October 2015, the Rolls Building’s Courts will administer a couple of two-year pilot schemes: the Shorter Trial Procedure (“STP”) and the Flexible Trial Procedure (“FTP”). The aim of each scheme is to achieve shorter and earlier trials at a reasonable and proportionate cost. This blog post seeks to give a brief overview of the schemes.

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Gotch v Enelco Ltd – The dangers of using the threat of adjudication to leverage settlements

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 [2015] 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.

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Filed under ADR, Procedure, Settlement