There is no getting away from the fact that litigation can be a lengthy and expensive business, consuming valuable management time. However, when the value of the claim (and possible counterclaim) is large, as is often the case in construction disputes, litigation can have benefits over other forms of dispute resolution.
It provides a final and binding decision which can be enforced. Each party’s cards are on the table through the process of disclosure, so no party can ambush the other. Cost recovery can be another advantage.
The quality and consistency of the judges appointed to the Technology and Construction Court (TCC) has resulted in a court which is held in high regard by practitioners and clients alike.
The ability of the successful party to recover a proportion of its costs, in contrast to adjudication, and the quality of the judgments being handed down, has meant higher value claims and those where the ability to obtain a decision within 28 days is not paramount, have continued to be commenced and heard in the TCC.
Codobo Law has extensive experience of commencing and defending claims in the TCC (in Cardiff, Bristol, Birmingham, Manchester, Leeds and London) and of complying with the pre-action protocol.
The cost reforms proposed by Lord Justice Jackson and currently being piloted in the TCC in Bristol and Birmingham will have a significant impact on cost recovery, cost certainty and cost transparency. Codobo Law is familiar with the proposals and the ongoing pilot scheme.