Full Description
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 and the digital transformation of dispute resolution, building safety, and how it 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.
Contents
Introduction, Sir Peter Coulson (Lord Justice of Appeal, UK) and David Sawtell (39 Essex Chambers, UK)
1. The Antecedents to the Official Referees, Elizabeth Norton (the Royal Historical Society, UK)
2. The Early History of the Official Referees from 1873 to 1960, Dr Laura Lintott (University of Cambridge, UK)
3. Rudimentary Prototypes in Case Management Techniques (1919-49), Michael Reynolds (London School of Economics, UK)
4. Sir Brett Cloutman: The Last VC of the Great War, Sir Peter Coulson (Lord Justice of Appeal, UK)
5. The Later Official Referees and Judges of the Technology and Construction Court, Sir Peter Coulson (Lord Justice of Appeal, UK) with David Sawtell (39 Essex Chambers, UK)
6. The Birth of the Technology and Construction Court, Lord Dyson (High Court Judge, UK)
7. The TCC and the Housing Grants, Construction and Regeneration Act 1996, Sir Rupert Jackson (High Court Judge, UK), Nicholas Higgs (39 Essex Chambers, UK) and Hannah Fry (39 Essex Chambers, UK)
8. The TCC Today, Dame Finola O'Farrell (High Court Judge, UK)
9. The TCC in the Regions, Her Honour Frances Kirkham (Qatar International Court and Dispute Resolution Centre, UK), His Honour Judge Stephen Davies (Technology and Construction Court, UK) and Michael Levenstein (Gary's Inn, UK)
10. Construction Law, the Arbitration Act 1996 and Beyond: The Contribution of the Technology and Construction Court to Arbitration, Renato Nazzini (King's College London, UK) and Aleksander Kalisz (King's College London, UK)
11. The TCC and Developments in Technology and Innovation, Stacy Sinclair (Fenwick Elliott LLP, UK) and Simon Tolson (Fenwick Elliott LLP, UK)
12. Fire at the Palace: 150 Years of Fire Safety in Buildings, Rachel Ansell KC (4 Pump Court, UK) and Douglas Maxwell (Henderson Chambers, UK)
13. The Contribution of the Official Referees' Court and the TCC to the English Common Law, David Sawtell (39 Essex Chambers, UK)
14. Energy and the Environment: Future Litigation in the TCC, Juan Lopez (39 Essex Chambers, UK)
Appendix: Official Referees and Judges of the Technology and Construction Court 1876-2004, Elizabeth Norton (the Royal Historical Society, UK); with Sir Francis Newbolt KC by Michael Reynolds (London School of Economics, UK)
