The Pioneering TCC: Pushing the Boundaries on Litigation Costs

Fiona Sinclair QC, Siân Mirchandani and Roger Mallalieu

December 2015

A paper presented to the Society of Construction Law at meetings in Birmingham on 1st July and London on 8th September 2015

Since 'the Jackson Reforms' in April 2013, the Technology & Construction Court (TCC) has played something of a trail-blazing role in litigation costs management. This paper highlights important costs issues on which the TCC has recently spoken. Those issues are considered as they arise at the beginning, middle and end of an action progressing through the TCC, with a glance also towards the future. Specifically, the authors consider costs budgeting and management; security for costs, proportionate costs orders and costs in a 'string of contract' cases; the indemnity basis and assessment of costs generally; and the guidance on various costs budgeting and management proposals and the 'fast track trials' initiatives.

1. The beginning - 2. The middle - 3. The end: assessing costs when a case is over - 4. The future.

The authors: Fiona Sinclair QC, Si√¢n Mirchandani and Roger Mallalieu are all barristers practising at 4 New Square, London; Fiona has extensive experience of substantial construction and engineering disputes, Si√¢n specialises in professional negligence and construction and Roger in costs law.

Text: 26 pages