Litigation and things

Electronic Filing in the TCC

From 10 November 2014 the Technology and Construction Court (TCC) in London commenced using the new court electronic file (CE-File). 

The full roll-out of filing claims on-online will take place in due course.  In advance of this, the TCC has started on the process of transferring some of its data stored on the old IT system to the new CE-File.  In addition, it has released the ATTACHED NOTE on the procedure it will follow for documents the court receives:

1.  From 10 November 2014 the Technology and Construction Court of the High Court in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.

2.  In all claims, save for adjudication enforcement claims, schedules to statements of case will be scanned and filed only if they do not exceed 30 pages in the aggregate.  Where the schedules in statements of case exceed this limit, they are to be returned to the parties The parties should be invited to submit in suitable electronic form schedules in statements of case that exceed 30 pages, but they will not be required to do so unless directed by Judge.

3.  In Part 7 claims, save for adjudication enforcement claims, exhibits to witness statements will be scanned and filed only if they do not exceed 30 pages in the aggregate.  Where the exhibits to any witness statement exceed this limit, they are to be returned to the parties unless they are relevant to a hearing that is to take place within the next 21 days (in which case they should be retained but not scanned). The parties should be invited to submit in suitable electronic form exhibits that exceed 30 pages, but they will not be required to do so unless directed by Judge.

4.  In Part 8 proceedings, the same will apply save that the limit will be 100 pages in the aggregate

5.  In the adjudication enforcement claims the following documents will be scanned:

(a) The Claim Form.

(b) The Application Notice.

(c) The witness statement in support of the application.

(d) The Notice of Intention to Refer.

(e) The Referral Notice.

(f) The Adjudicator’s Decision.

The other documents submitted with the application will be retained until the application has been heard and the order sealed. The papers will then be returned to the parties (save for those documents, if any, required to be kept on file by the CPR).

6.  Where a case is settled by an order in Tomlin form (in which a schedule is attached to the order setting out the terms of the settlement), both the order and the schedule are to be scanned, save where the schedule is stated to be confidential.  Confidential schedules should not be filed but retained by the parties.

7.  Any documents that contained pages larger than A3 will not scanned and filed. The parties should submit these documents electronically.

8.  Paper documents lodged with the court, after having been scanned to the file, will be retained in day files for a period of 6 months. They will be available only in the event that scanning errors need to be corrected. They will be destroyed at the end of the 6 month period.

9.  In claims involving one or more parties resident outside the UK, the allocating judge will indicate on the application form the country that is most closely connected with the dispute or the country where the subject matter of the dispute is situated.

Annual Adjudication Conference - 20 November 2014

Dear TeCSA Adjudicators and Members

We are holding our Annual Adjudication Conference on 20 November 2014 from 9:30am to 4:00pm at the offices of K&L Gates LLP at One New Change, London EC4M 9AF.

If you are practicing and pride yourself in keeping up to date with the latest legal thinking be it procedural or substantive law, then book a place, as places are going fast.

I particularly want to see more non-lawyers attending.

It is free if you are on the Panel and £50 if you are not.

CLICK HERE for further details.  I look forward to seeing you there.

Best wishes

Simon Tolson

Chairman of TeCSA


DATE:  20 November 2014

TIME:  9:30am -  4:00pm

VENUE:  K&L Gates LLP, One New Change, London EC4M 9AF


TeCSA v TECBAR Cricket - 2nd Annual Match - 10 July 2014



Following the TeCSA ’ victory over TECBAR in the inaugural Hudson Ashes contest last year, this encounter was keenly anticipated by both sides.  Would the TeCSA Tonkers of 2014 meet the standard set by their predecessors or would TECBAR deliver the trophy to the Bar for the first time and actually would everyone make it through the match in one piece?

The conditions at the attractive UCL ground in West Hampstead promised an interesting game with the combination of overcast sky and sultry heat promising a swinger’s paradise!  

Leading the Tonkers out again was last year’s winning playing captain, Jonathan Gold (Sheridan Gold LLP) who skilfully engineered a winning toss against TECBAR skipper Martin Bowdery (Atkin Chambers) who put TECBAR in to bat, a result that suited a number of TECBAR players who were still finding their way to the ground but which also worked for s bowling attack. 

TECBAR innings

Sir Robert Akenhead opened the batting with Hugh Saunders (3 Paper Buildings), against a strong bowling attack of Tim Hillier (Berwin Leighton Paisner) and Richard Bailey (Goodman Derrick).  The TeCSA bowlers started well, restricting the obviously talented opening batsmen with miserly lines and lengths.  Richard Bailey, in particular, set the tone by taking Hugh Saunders’ wicket with the first ball of his excellent spell of flighted left arm spin.  At the other end Tim Hillier eventually found just reward for his steady right arm seamers, removing Sir Robert Akenhead with one that nipped back and kept a fraction low.

The tone set, Jonathan Gold rotated his bowlers in the manner of the modern 20/20 captain, with Peter Parten (Mayer Brown), Marc Wilkins (Wragge Lawrence Graham) and Michael Draper (Sheridan Gold) all bowling enterprising spells.

However. the innings was far from being one-way traffic as  William Webb (Keating Chambers) and then Jonathan Selby (also Keating Chambers) batted expertly (Webb) and with controlled aggression (Selby) to give the TECBAR innings a real impetus through the middle overs.  Both batsmen retired at the mandatory 25 runs to an appreciative ovation from their grateful teammates.  Special mention should also go to Ben Sareen (Keating Chambers) who batted very nicely and Omar Eljadi (Atkin Chambers) who took a shy at the stumps in a sensitive place for the team (hopefully TECBAR will lay on more boxes next time!) attempting an ambitiously quick single and was forced to retire hurt.

As admirably as Webb and Selby batted, order was restored for TeCSA by the excellent trio of Stefan Cucos (Fenwick Elliott), Jolyon Bond (Nabarro) and Simon Budge (Wedlake Bell) who collectively stemmed the flow of runs with accurate and intelligent spells of pacey seam bowling.  Combined with s excellent fielding across the board, which saw four batsmen run out as the pressure mounted, TECBAR were restricted to a respectable but not intimidating 102 runs from their 20 overs.

TeCSA innings

The TeCSA innings was opened by Matthew Pexton (Wedlake Bell) and Ralph Hindle (Sheridan Gold).  Pexton was unlucky to receive the ball of the match from William Webb that bounced viciously, left the batsmen and trimmed his off bail. Hindle, meanwhile, in partnership with excellent contributions from Stefan Cucos, Richard Bailey and Tim Hillier, made good use of both the thick inside edge and the thick outside edge to work his way to 25 runs, on which he retired.

The game took on a more aesthetically pleasing aspect as Jolyon Bond and Simon Budge batted fluently to put TeCSA well ahead of the run rate and in control of its destiny.  However, with Bond falling on 24 and Peter Parten, Marc Wilkins, Michael Draper and Stacy Sinclair (Fenwick Elliott) all making excellent contributions but falling to some canny TECBAR bowling, the match reached an increasingly tense climax in the gloaming as the overs ticked down. All credit to TECBAR to avert what at one stage looked a relatively simple TeCSA victory.

Jonathan Gold, who as captain sportingly batted well below his station at last man in, was joined by Hindle, who was permitted to retake his guard (having retired earlier) for a last wicket stand to win or lose the match.  Happily, Gold settled the issue in short order, thrashing one to the boundary through straight midwicket before gliding two runs down to third man to win the match with very few balls in hand.


The bar was open throughout and after the match for spectators and players alike, and an excellent tea was made available for all shortly after the winnings runs were hit.

Many thanks to Matthew Ashman (Atkin Chambers) who organised the excellent and plentiful tea, uncomplainingly kept a record in the scorebook whilst also manning the score board and generally kept things on track all evening.

And finally

Finally, thanks to our umpires Dominic Helps (Corbett & Co) and Michael Soole (Chairman of TECBAR; 4 New Square); and to Dominic Helps (again) (TeCSA’s non-playing captain and Social Secretary) for marshalling the TeCSA troops. Also thanks to Martin Bowdery who marshalled TECBAR’s troops.

The TCC Protocol: The Law Society Gazette article

Check out the article by Vijay Rathou in the Law Society Gazette (15 July 2014)...

"Picking up the baton from Jackson LJ and in response to the subsequent Practice Direction 31B and new Civil Procedure Rules, the e-Disclosure guidance initiative by the Technology and Construction Solicitors' Association (TeCSA), Technology & Construction Bar Association (TECBAR) and the Society of Computers and the Law (SCL), is set to bring much-needed clarity to the disclosure process."  CLICK HERE

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