The History of the Technology and Construction Court on its 150th Anniversary: Rewriting the Rules

Contents
List of Contributors
Table of Cases
Table of Statutes
Table of Statutory Instruments
Introduction
1. The Antecedents to the Official Referees
	I. The Common Law Courts
	II. The Courts of Equity
	III. Arbitration
	IV. The Antecedents of the Official Referees' Court
2. The Early History of the Official Referees from 1873 to 1960
	I. Introduction
	II. What Led to the Formation of the Office of Official Referees?
	III. Emergence of the Office of Official Referees
	IV. The Scandal of Innovation
	V. The Office of Official Referees vs. Arbitration
	VI. Sir Newbolt's Scheme, Transfer of Cases between Official Referees, the Scott Schedule and the Joint Expert
	VII. Proceedings before Official Referees
	VIII. Sir Eastham and Further Modernisation of Case Management
	IX. Who were Official Referees and What did they do?
	X. Conclusion
3. Rudimentary Prototypes in Case Management Techniques (1919–49)
	I. Sir Francis Newbolt
	II. Sir Edward Pollock
	III. Sir William Hansell
	IV. George Scott KC
	V. Lord Birkenhead
	VI. Elements of Rudimentary Official Referee Case Management
	VII. Conclusions
4. Sir Brett Cloutman: The Last VC of the Great War
	I. Introduction
	II. Early Life and the Outbreak of War
	III. The Military Cross
	IV. The Victoria Cross
	V. The Bar
	VI. The Second World War
	VII. Subsequent Legal Career
	VIII. Senior Official Referee
	IX. Retirement and Death
5. The Later Official Referees and Judges of the Technology and Construction Court
	I. Introduction
	II. The Steady Growth in Reputation: 1960–1985
	III. 'The Golden Age'
	IV. The Difficult Years
	V. The Redemption
6. The Birth of the Technology and Construction Court
7. The TCC and the Housing Grants, Construction and Regeneration Act 1996
	I. Introduction
	II. The Genesis of the HGCRA
	III. The HGCRA and Enforcement
	IV. The HGCRA and Natural Justice
	V. The HGCRA and Insolvency
	VI. The HGCRA and Payment Notices
	VII. The HGCRA and Other Jurisdictions
	VIII. Conclusion
8. The TCC Today
	I. The Work of the TCC
	II. Dispute Avoidance
	III. Case Management
	IV. Cost Budgeting
	V. Disclosure
	VI. Witness Statement Practice Direction
	VII. Expert Witnesses
	VIII. Management of Complex Cases
	IX. Case Management of Adjudication Claims
	X. Managing Procurement Claims
	XI. COVID-19 Legacy
	XII. The Future
9. The TCC in the Regions
	I. Introduction
	II. Manchester
	III. Birmingham
	IV. Liverpool
	V. Leeds
	VI. The Future of the TCC Outside London
10. Construction Law, the Arbitration Act 1996 and Beyond: The Contribution of the Technology and Construction Court to Arbitration
	I. Introduction
	II. Construing and Enforcing Arbitration Agreements
	III. The TCC's Supportive Powers
	IV. The TCC's Supervisory Jurisdiction
	V. Conclusion
11. The TCC and Developments in Technology and Innovation
	I. Technology and Digital Innovation: A Timeline
	II. The 'T', the 'C' and the 'T&C' in TCC: The Future of Disputes in the TCC
	III. Conclusion
12. Fire at the Palace: 150 Years of Fire Safety in Buildings
	I. Introduction
	II. Fire at the Palace
	III. Our Instructions
	IV. Eighteen Seventy-Three
	V. Nineteen Twenty-Three
	VI. Nineteen Seventy-Three
	VII. Twenty Twenty-Three
	VIII. Conclusion
	Appendix
13. The Contribution of the Official Referees' Court and the TCC to the English Common Law
	I. Introduction
	II. What is Construction Law?
	III. Contribution to the Development of the Common Law
	IV. Contribution to the Development of Construction Law
	V. Conclusion
14. Energy and the Environment: Future Litigation in the TCC
	Concluding Thoughts
Appendix: Official Referees and Judges of the Technology and Construction Court 1876–2004
	James Anderson QC 1876–1886
	George Dowdeswell QC 1876–1889
	Charles Roupell 1876–1889
	Sir Henry Verey 1876–1920
	Rt. Hon. Sir Edward Ridley 1886–1897
	George W. Hemming QC 1889–1905
	Sir Edward Pollock 1897–1927
	Montague Muir-Mackenzie 1905–1919
	Sir Francis Newbolt KC 1920–1936
	George Alexander Scott 1920–1933
	Sir William Hansell 1927–1931
	Sir Ronald Bosanquet 1931–1954
	Charles Pitman KC 1933–1945
	Sir Tom Eastham KC 1936–1954
	John Trapnell KC 1943–1949
	Herbert Samuels KC 1945–1947
	Sir Brett Cloutman VC, QC 1948–1963
	Sir Lionel Leach QC 1948–1956
	Sir Hubert Hull 1949–1950
	Joshua Casswell QC 1951–1959
	The Later Official Referees
Index