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The History of the Technology and Construction Court on Its 150th Anniversary: Rewriting the Rules (eBook)

Edited by: Peter Coulson, David Sawtell

ISBN13: 9781509964185

Published: April 2023

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £44.99
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9781509964178

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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.

Subjects:: Construction Law, Legal History, eBooks, Courts and Procedure

Contents:: 1. The Antecedents to the Official Referees' Court; Elizabeth Norton; 2. The Early History of the Official Referees, from 1873 to 1960, Laura Lintott (King's College London, UK); 3. Procedural Reform and Innovation to 1970, Michael Reynolds (London School of Economics and Political Science, UK); 4. Sir Brett Cloutman – Victoria Cross and Senior Official Referee, Sir Peter Coulson (Lord Justice of Appeal, UK); 5. Memories of the Official Referees from the 1960s to the 1990s, Sir Peter Coulson (Lord Justice of Appeal, UK); 6. The Transition from the Official Referees to the Technology and Construction Court, The Right Honourable Lord Dyson (former Justice of Appeal and Master of the Rolls, UK); 7. The TCC and the Housing Grants, Construction and Regeneration Act 1996, Sir Rupert Jackson (4 New Square, former Lord Justice of Appeal, UK); 8. The TCC Today, Dame Finola O'Farrell (Judge in Charge of the Technology and Construction Court, UK); 9. The Official Referees and the TCC in the Regions, Her Honour Frances Kirkham CBE (Atkins Chambers, UK); 10. The Contribution of the TCC to Arbitration and ADR, Renato Nazzini and Aleksander Kalisz (both of King's College London, UK); 11. The TCC and Developments in Technology and Innovation, Stacy Sinclair and Simon Tolson (both of Fenwick Elliott LLP); 12. The Official Referees and the TCC and Building Safety, Rachel Ansell QC (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 and University of Cambridge, UK)