The Committee would like to encourage TECBAR members to participate in the CLIPS Scheme.
Details of the Scheme are here: http://www.combar.com/news/clips-invitation-to-combar-members-to-volunteer
The TECBAR election process is beginning. TECBAR does an enormous amount for which we all benefit. If you’ve thought about standing before, now is the time.
Please nominate (and second) candidates for the following posts:
Bar Council Representative
Please note the timetable below:
Friday, 9 June 2017: Final date for Nominations
Friday, 23 June 2017: Ballot papers issued
Friday, 14 July 2017: Voting closes
Thursday, 20 July 2017: AGM – results of election announced
Pre-Action Protocol for Construction and Engineering Disputes – Forms
1. The new Pre-Action Protocol for Construction and Engineering Disputes, which came into force on 14 November 2016, can be downloaded here.
2. The accompanying Protocol Referee Procedure can be downloaded here.
Pre-Action Protocol for Construction and Engineering Disputes – Details
3. Several changes have been introduced by the new Pre-Action Protocol for Construction and Engineering Disputes.
4. The parties may now consent not to use the Protocol (paragraph 2).
5. The objectives of the Protocol have been reformulated so that the parties no longer need to provide “full” information, but merely sufficient information broadly to allow the parties to understand each other’s position and make informed decisions about settlement and how to proceed, and to make appropriate attempts to resolve the matter, in particular to consider ADR (paragraph 3).
6. Only in exceptional circumstances, such as flagrant or very significant disregard of the Protocol, will the Court impose costs consequences for non compliances (paragraph 4).
7. The requirement to keep the letter of claim simple and the costs of both sides modest has been broadened from lower value claims to “many cases, including those of modest value” (paragraph 5).
8. The general aim of the Protocol has been modified so that only the “outline” of parties’ cases must be made known, so that the parties only “usually” should meet, so that the aim of defining and agreeing the issues between the parties had been removed and so that the parties should be put in a position where they may be able to settle cases not merely early and fairly as before, but inexpensively too (paragraph 6).
9. The requirements of the Letter of Claim have been modified so that the letter contains a brief summary of claims and relief (proportionate to the claim) and expressly provides that experts reports are neither expected nor required, although in cases where they are central it is observed that they can help explain the Claimant’s position. The requirement for a Claimant whose claim has previously been made and rejected to deal with the grounds for rejection has been removed. Finally, the Claimant should say whether it wishes the Protocol Referee Procedure to apply (paragraph 7).
10. The Defendant’s acknowledgment must now confirm whether it wishes the Protocol Referee Procedure to apply (paragraph 8).
11. The requirements of the Letter of Response have also been modified so that only a brief and proportionate summary of the Defendant’s response to the claim or claims and (if applicable) a brief summary of any counterclaim is required. The detailed former requirements – to state agreement or disagreement with the facts set out in the Letter of Claim, to state which claims are accepted or rejected and the basis of rejection, to state (where a claim is accepted in whole or part) whether the damages, sums or extensions of time are accepted or rejected and of rejected the basis of rejection and to state the facts if contributory negligence is relied on – are all removed. Also added is a requirement to identify any third parties which the Defendant is considering submitting to a pre-action protocol process (paragraph 8.5).
12. A response to counterclaim shall now be a brief and proportionate summary (paragraph 8.7).
13. The parties should now normally meet 21 days after Letter of Response (or response to counterclaim). Provision is added for the meeting to take the form of an ADR process such as mediation. The previous requirement – that if the parties are unable to agree a means of resolving the dispute other than by litigation, they should use their best endeavours to agree how the issues should be defined – has been removed (paragraph 9).
14. The parties may by consent agree longer periods for the relevant steps save that the maximum extension for any step shall not exceed 28 days in aggregate. There is new provision for the Protocol action to be concluded automatically at the completion of the pre-action meeting, or 14 days after expiry of the period within which the meeting should have taken place (paragraph 10).
15. The parties may agree to engage in the Protocol Referee Procedure (see below).
Pre-Action Protocol for Construction and Engineering Disputes – Protocol Referee Procedure
16. The following is a brief summary of the key points of the Protocol Referee Procedure. Reference should of course be made to the Procedure itself.
17. The parties must have agreed to engage with the Protocol Referee Procedure for it to apply. If it applies, either party may apply to the Chairman of TeCSA for the nomination and appointment of a Protocol Referee. The Protocol Referee shall be a senior member of TECBAR or TeCSA authorised so to act, and the application shall be accompanied by the Application Fee of £3,500 plus VAT.
18. The application shall set out briefly details of the directions sought by the Applicant in order to assist the parties in participating in and complying with the Protocol; and/or the nature of the non-compliance (no more than 4 sides of A4 pages) together with such other documents as the Applicant intends to rely upon (no more than 1 lever arch folder, single sided copying). Provision is made for a response within 5 working days of the notice of appointment, and a reply within 2 working days thereafter.
19. The Protocol Referee reaches a written decision no later than 10 working days after receipt of the notice of appointment (unless extended) setting out any appropriate directions for future conduct of the Protocol process; and/or whether there has been non-compliance with the Protocol and, if so, whether the non-compliance demonstrated a flagrant or significant disregard for the terms of the Protocol and, if so, to what extent. The decision is binding and must be complied with until the dispute is determined by legal proceedings or by agreement.
20. There are several procedural forms relating to the appointment process, and a flowchart to show how the process is intended to operate. These can all be found on TeCSA’s website (since they will be administering the process) – see the links below:
A launch for the new Pre-Action Protocol was held on 2 November 2016 in the Rolls Building. Click here for a copy of the presentation by Alexander Nissen QC and Simon Tolson, which includes slides highlighting the amendments to the previous Protocol.
- The last Pre-Action Protocol for Construction and Engineering Disputes came into force in October 2000, and was amended in 2007. A new Pre-Action Protocol for Construction and Engineering Disputes has been prepared (jointly by TECBAR and TeCSA) which is presently expected to come into force on 9 November 2016.
- A launch will take place at the Rolls Building at 6pm on 2 November 2016 at which the new Pre-Action Protocol for Construction and Engineering Disputes will be unveiled, and copies made available. Mr Justice Coulson will provide a Keynote Address, and Alexander Nissen QC and Simon Tolson will then speak on behalf of TECBAR and TeCSA. Drinks and canapes will follow at around 7pm. Since the capacity of one of the “super Courts” will limit numbers, you need to register for the launch here if you wish to attend, as soon as possible.
- The new Pre-Action Protocol for Construction and Engineering Disputes will then appear on the TECBAR and TeCSA websites for downloading. Note that the new Protocol is expected to come into force on 9 November 2016.
- As well as making significant amendments to the former Protocol, including as to when the Protocol can be disapplied altogether, the new Pre-Action Protocol for Construction and Engineering Disputes introduces the “Protocol Referee Procedure” whereby parties who have agreed to sign up to that procedure may seek directions from the Protocol Referee to assist the parties participating in and complying with the Protocol and/or to assist resolution of any non-compliance with the Protocol. The Protocol Referees will be appointed alternately from TECBAR and TecSA panels. The appointment process itself will be administered by TecSA.
TECBAR is delighted to announce that two of its members, Nerys Jefford QC and Finola O’Farrell QC, have been appointed as Justices of the High Court (QBD) with effect from 3 October 2016. All at TECBAR send their congratulations to Nerys and Finola.
The results of the recent election were announced at TECBAR’s AGM on 21 July 2016. Jessica Stephens was elected as Secretary. Simon Hargreaves QC, Hugh Saunders, Felicity Dynes, and Matthew Thorne were elected as Committee Members. Their terms will last for two years, from the AGM on 21 July 2016 until the AGM in July 2018. Congratulations to all those who were elected.
It was announced at TECBAR’s AGM on 16 July 2015 that, at the expiry of the deadline for nominations for the vacancies for officers and for four elected Committee members on 12 June 2015, TECBAR had received the following nominations:
- Chair: one nomination – Martin Bowdery QC
- Vice-Chair: one nomination – Alexander Nissen QC
- Treasurer: one nomination – Rachel Ansell QC
- Bar Council Rep: one nomination – Rachel Ansell QC
Elected Committee members: four nominations for four vacancies as follows –
- Alex Hickey (4 Pump Court) – 1995
- Sian Mirchandani (4 New Square) – 1997
- Calum Lamont (Keating) – 2004
- David Johnson (Atkin) – 2010
This means that all are elected unopposed, and no election was required.
One further vacancy on the Committee opened up on 10 June 2015 when Alice Sims resigned her membership of the Committee. Serena Cheng volunteered for this remaining vacancy.
There are the following vacancies on the TECBAR Committee (all for a term of two years with effect from July 2015):
- Bar Council Representative
- Four vacancies for membership of the TECBAR Committee
If you would like to stand, please complete this Nomination Form and return it by email or by post to Lynne McCafferty, 4 Pump Court, Temple, London EC4Y 7AN – firstname.lastname@example.org – by 5pm on Friday, 12 June 2015. Please note that Rule 12 of TECBAR’s Rules requires that any member standing for election to the Committee shall be proposed and seconded by TECBAR Members. In the event that more people are nominated than there are vacancies, TECBAR will hold an election, details of which are set out in the attached Nomination Form. The results of any election will be announced at the AGM on Thursday, 16 July 2015.
Registration for TECBAR’s Annual Conference on Saturday 31st January 2015 is now OPEN. The Conference will take place at the Caledonian Club, Halkin Street, London SW1X 7DR from 9am to 4pm. A buffet lunch will be provided.
To register for this event, please post a completed registration form, together with a cheque made payable to TECBAR for the appropriate amount, to: Natasha White-Foy, Events and Administration Co-ordinator, The Bar Council, 289-293 High Holborn, London WC1V 7HZ, DX: 240 LDE.
The cost of the event is the same as last year and is set out on the registration form setting out details of the event. A full list of speakers and running order will be released nearer the event.
We anticipate that, in line with previous years, this event will offer 6 CPD points: the application to the BSB for accreditation is still pending.
- Download registration form (pdf, 72kb)
TECBAR held its Annual Conference at the Caledonian Club on 8 February 2014. A full programme of excellent speakers included Mr Justice Ramsey, who provided an update on TCC news. This included the news that, following an extensive procurement exercise, a preferred supplier has been identified to deliver a new IT system for the Rolls Building jurisdictions. The objective of the new CE-File project is the delivery of an electronic filing system that allows claimants to submit claims and court papers online, and court staff to manage those papers electronically.
Other talks included an update on professional negligence from David Sears QC, an update on recent adjudication enforcement decisions from Andrew Bartlett QC, and a guide to appellate advocacy from Michael Soole QC.
TECBAR has joined forces with TeCSA and the Society for Computers and Law (SCL) to publish an eDisclosure Protocol on 1 November 2013. Its purpose is to provide guidance and support to TCC practitioners in handling e-Disclosure and the many issues it raises. Approved by the TCC judges, this Protocol underpins the operation of the newly-introduced Practice Direction 31B and the new Disclosure Report and Electronic Questionnaire. The Protocol is accompanied by guidance documents which will serve as a “user’s manual” to assist users of the Protocol most effectively to ensure full and economical compliance with the new regulatory framework of the CPR and Practice Direction 31B. The Protocol and accompanying guidance can be accessed on the Resources page of this website and by clicking the links below:
Mr Justice Ramsey has kindly allowed TECBAR to provide its members with a downloadable podcast of the hugely popular joint TECBAR / TeCSA lecture he gave on 20 March 2013 at the Royal College of Surgeons entitled ‘Reforming the costs of civil litigation: How the Jackson costs reforms will affect the TCC’. For those who were unable to attend this lecture, which was fully booked very quickly, the lecture can be accessed by clicking on this link (MP3, 74mb).
TECBAR celebrated its 30th Anniversary at its Annual Garden Party on the roof terrace at Skinners Hall on 11 July 2013 with over 160 members and guests. The results of the Election 2013 were announced at TECBAR’s AGM before the Garden Party. Michael Soole QC was elected as Chair, Martin Bowdery QC as Vice-Chair, and Rachel Ansell was re-elected as Treasurer. Serena Cheng, Calum Lamont, Matthew Lavy and Sian Mirchandani were elected to the Committee.
Following Sir Anthony May’s retirement, Lord Dyson has taken over as TECBAR President. At the AGM, Chantal-Aimée Doerries QC expressed gratitude to Sir Anthony on behalf of all at TECBAR for his many years of sterling support to TECBAR.
Tickets still available for TECBAR Annual Garden Party on 11 July 2013
Tickets are available for TECBAR’s Annual Garden Party, a champagne and canapés reception on Thursday, 11th July 2013 from 6.30pm to 9.30pm on the beautiful roof terrace at Skinners Hall, 8 ½ Dowgate Hill, London EC4R 2SP. This year TECBAR is celebrating its 30th anniversary. We hope you can join us for this special event.
TECBAR Members may apply for tickets for a partner, clerks and guests. Tickets are £40 for members 7 years call and under; and £50 for all other members, guests, clerks and partners. To book, please complete the application form (download here) and send a cheque made payable to “TECBAR” to Bianca Moodie, The Bar Council, 289-293 High Holborn, London WC1V 7HZ by close of business on Wednesday 3rd July 2013.
The Party will be preceded by TECBAR’s AGM at 5.45pm, also at Skinners Hall, to which all TECBAR members are welcome.
New TECBAR website launched
The new TECBAR website has now been launched. The layout and appearance has been updated to make the site easier to navigate. We have also updated the dedicated Dispute Resolution section to make it quicker and easier to find information concerning dispute resolution appointments.
The new Resources section provides useful information and links for Technology and Construction practitioners, including access to the TCC daily cause list, and TCC judgments. TECBAR members will also now be able to book online for TECBAR events.
New TCC Judge Appointed
Jeremy Stuart Smith Q.C. has been appointed a High Court Judge with effect from 2nd October 2012. He was called to the Bar in 1978 and took silk in 1997, becoming a Recorder in 1999. He will sit in the Technology and Construction Court.
TECBAR is very sorry to announce the sad news that His Honour John Toulmin CMG QC lost his battle with cancer and passed away on 4 July 2012. A Memorial Service will be held on Monday, 5 November at 5.45 pm in Temple Church, with a reception following in Middle Temple Hall. All are welcome.
TECBAR has released the details of its Annual Lecture 2012, which will be held on Thursday, 1 November 2012 at the Royal College of Surgeons, Lincoln’s Inn Fields, London. This event is held jointly with SCL. This year’s speaker is Peter Rees QC. The title of his talk is ‘And What About The Client?’ The lecture will commence at 5:30 pm and will be followed by a drinks and canapés reception. Further details can be found on our Events page.
The results of the TECBAR Election 2012 were announced at TECBAR’s AGM on 19 July 2012: Martin Bowdery QC and Alice Sims were elected to the Committee.
TECBAR members have been invited to attend a lecture held by the Society of Computers & Law on 3 October 2012; Mr Justice Akenhead will be speaking on ‘Technology and Dispute Resolution’. Further details can be found on our Events page.
Tickets are selling well for the International Conference that TECBAR is organising, together with SCL and TeCSA, in London on 24 September 2012 to mark the one year anniversary of the opening of the Rolls Building. This unique conference will bring together construction lawyers and practitioners from across the world to discuss contemporary issues in construction law and dispute resolution. Further details of the programme and booking can be found on our Events page.
TECBAR and TeCSA are jointly hosting their popular Annual Symposia, on Monday 25 June 2012 at Berwin Leighton Paisner, Adelaide House, London Bridge. The theme of the Symposium is “The Interventionist Judge and Better Case Management”. A programme for the event can be downloadedhere. If you would like to attend, please email Justin Mort at email@example.com.
HHJ Bailey at the Central London County Court has published a protocol for making applications in the TCC list by email. A copy of the Protocol can be downloaded here.
The TCC has published its Annual Report for 2010-2011. A copy can be downloaded here.
His Honour Judge David Wilcox retired from the bench in February 2012. TECBAR held a dinner in honour of HHJ Wilcox at Buck’s Club on 24 May 2012, which was attended by the former President of the QBD and TECBAR’s President, Sir Anthony May, together with past and current TCC judges, and many TECBAR members.
TECBAR is hosting an International Conference in London to mark the one year anniversary of the opening of the Rolls Building, together with SCL and TeCSA. This unique conference will bring together construction lawyers and practitioners from across the world to discuss contemporary issues in construction law and dispute resolution. Further details can be found on our Events page.
TECBAR recently sponsored a successful Bar Council mission to South Korea and Singapore. Members of TECBAR attended several profile-raising events, and TECBAR’s brochure was widely distributed