Here is our TCC Annual Claims Report 2017-2018.
In the recently released Annual Report for 2017-2018 from the Technology and Construction Court (TCC); in the period from October 2017 to September 2018 the statics present there were 428 new claims brought to the London TCC, up by 50 (or 13%) of new claims from the previous year which saw 378 claims lodged.
From the information presented, the following can be concluded:
• There has been an increase in the number of cases brought in the Central London Civil Justice Centre, this has risen from 139 to 238 an increase of some 42%.
Note: these figures do not include the cases heard in the regional TCC centres (Newcastle, Leeds, Manchester Birmingham, Bristol, Cardiff, and Liverpool) with the overall figures largely unchanged with 257 cases being issued against 271 for the previous year.
A substantial amount of these cases continue to be settled efficiently, and on occasion, very shortly before trial.
• Of the 241 trials listed in TCC, only 65 were eventually contested. This figure of 73% is consistent with the 78% figure reported for the previous year.
Included within the report is an analysis of the type of work carried out in the TCC. Although the figures come with the understandable health warning that some cases lie on the borderline between categories and do not always consider counterclaims.
These figures are for the TCC in London and the Central London Civil Justice Centre only.
The main categories are as follows:
Construction 127 cases 19%
Adjudication Enforcement 96 cases 14%
Domestic Building Disputes 71 cases 11%
Party Walls -Appeals 71 cases 11%
Procurement 63 cases 9%
Professional Negligence 37 cases 6%
Tree Roots 37 cases 6%
In addition to the main categories stated, there are a further 13 adjudication cases marked “Other” in addition to a small number of IT and computer cases (9) and technology cases (6).
With a past TCC ruling that the minimum amount for a case to be brought before the TCC set at £250,000 in general cases, the TCC retains discretion as to any case they consider appropriate to be accommodated.
In addition, there are certain categories that will be heard by the TCC, the main excepted categories are below:
• Adjudication and Arbitration (cases of any value and in such cases the Court has built up a significant body of case law)
• International cases (notwithstanding their value) • Public procurement cases (where again the Court has built up a substantial volume of case law) • Cases involving new or difficult points of law
• Claims for injunctions
• Claims for declarations rather than financial remedies It should however, be noted, that this practice statement only applies to the TCC in London.
It should however, be noted, that this practice statement only applies to the TCC in London. In other areas such as Leeds Birmingham, Manchester to mention a few, these at present do not impose financial limits.
It should, however, also be noted that the current limit below which cases must be commenced in the County Court is £25,000 although consultation is in progress on increasing this to £100,000.
Please note. The information provided on this website is NOT LEGAL ADVICE and is for information purposes only. No action or inaction should be taken due to this information or any reliance placed upon this information. Please note where legal advice is required this should be obtained by an appropriate qualified legal practice and no information provided within this website should form the basis of any legal, contract or commercial decision. K J Taylor Consulting Ltd. are commercial quantity surveyors and not construction legal advisors.