A Quick Guide to Litigation in the Technology and Construction Court in 2026

On 1 July 2026, the fourth edition of the Technology and Construction Court Guide (TCC Guide) was published on the Courts and Tribunals Judiciary website

The full guide can be accessed here.

It’s the first major revision of the ‘rules’ applicable to litigation in the TCC since 2022, and whilst much remains unchanged it does contain some important updates.

In this article, Hamshaw gives an overview of the 2026 TCC Guide.

What is the TCC?

The Technology and Construction Court (TCC) is the specialist court in England and Wales for technically complex disputes. Its work extends well beyond conventional building disputes and includes engineering, energy, professional negligence, public procurement, IT systems, landlord and tenant repairing obligations, nuisance and other property disputes.

What is the TCC Guide?

The Technology and Construction Court Guide, now in its fourth edition, explains how litigation in the TCC should be conducted. Its central themes are early preparation, active case management, proportionality and an expectation that parties will co-operate rather than treating every procedural point as another battle.

Importantly, it sits alongside (and does not replace) the court rules which are contained in the Civil Procedure Rules, including those specifically intended for construction disputes in Part 60.

The Pre-Action Protocol

For most construction and engineering disputes, the TCC guide expects formality to begins before court proceedings are issued.

The Pre-Action Protocol for Construction and Engineering Disputes (click here) is intended to ensure that each party understands the other’s case, encourage settlement and, if litigation cannot be avoided, make the subsequent proceedings more efficient. The TCC Guide emphasises that this process should be proportionate: it is not intended to require parties to prepare their entire trial case before proceedings have even started.

Usually, the claimant sends a letter of claim summarising the facts, the basis of the claim and the remedy sought. The defendant then responds, identifying what is accepted or disputed and setting out any counterclaim.

An unusual feature of the Pre-Action Protocol for Construction and Engineering Disputes is the expectation that the parties will normally meet each other to discuss the claim before proceedings are begun. The purpose of doing so is to identify the main areas of disagreement and explore whether they can be resolved without litigation.

Starting a TCC claim

If proceedings are not avoided by following the Pre-Action Protocol for Construction and Engineering Disputes, TCC proceedings are normally started under CPR Part 7, although Part 8 is available where there is no substantial factual dispute and the court is principally being asked to determine a legal question, such as the interpretation of a contract or statute. Part 8 is also sometimes used for challenges concerning an adjudicator’s jurisdiction or the validity of an adjudication decision (as to which, see here and here).

One common misconception is that a claim in the TCC means a claim in the London High Court, to be heard in the Rolls Building off Fetter Lane in central London. The TCC Guide make very clear that, subject to exceptions, the TCC at the Rolls Building will consider transferring claims worth up to £1 million out of the High Court, and into the Central London County Court’s TCC list. Adjudication, arbitration, international cases, difficult legal issues, Part 8 claims and injunctions are among the features which may justify retaining a case with a lower-value in the High Court TCC. Different guidance applies outside London, but the key takeway for present purposes is that there are TCC hearing centres (including High Court TCC hearing centers) outside London as well.

Early Active Case Management

One of the most important characteristics of TCC litigation that is promoted by the TCC Guide is pro-active judicial case management.

The TCC aims to identify the real issues early, establish a realistic timetable, manage electronic disclosure and keep costs proportionate to what is actually at stake. The parties are expected to co-operate, and unreasonable failure to do so can have costs consequences.

The main early hearing is the Case Management Conference (CMC). Before it, the parties are expected to discuss and, where possible, agree the directions required to take the case to trial. These may cover disclosure, witness statements, expert evidence, preliminary issues, the trial timetable and costs.

The court expects these discussions to happen early rather than immediately before the hearing.

Settlement remains part of the process

Issuing proceedings does not mean that settlement is put to one side.

The TCC Guide places considerable emphasis on alternative dispute resolution (ADR), most commonly negotiation or mediation. Early neutral evaluation is another possibility, under which a judge or another neutral person gives a non-binding assessment after hearing concise presentations from the parties, but it is less common in practice.

The TCC may encourage ADR, facilitate it and, where appropriate, even order parties to engage in it. At the first CMC, the court will usually want to know the parties’ views about whether ADR is likely to be effective and when it should take place.

Litigation is therefore not a process in which the parties simply prepare relentlessly for trial. Settlement is expected to remain under consideration throughout.

Disclosure and Documents

Construction and property disputes can involve very substantial quantities of emails, drawings, contracts, specifications, programmes and other project documents.

The TCC Guide nevertheless makes clear that disclosure is not an unlimited exercise. Its purpose is to assist the fair determination of the case and it should be limited to what is necessary and proportionate. Less complex cases may use a simplified disclosure procedure specifically designed to save time and cost.

Electronic disclosure should also be considered early. This is particularly important in document-heavy cases, where the way information is collected and managed can itself become a significant component of litigation cost.

Witnesses and experts

Witness statements are intended to contain evidence of facts personally known to the witness. They should be concise and should not become lengthy legal arguments or simply repeat the contents of documents.

Expert evidence is particularly important in TCC litigation. Cases may involve architects, engineers, quantity surveyors, programming experts or other technical specialists, sometimes across several disciplines.

However, expert evidence is tightly controlled: the court’s permission is required, and the scope of the evidence should be confined to what is actually necessary. The court may also consider whether the cost of particular experts is proportionate to the value and importance of the dispute.

Experts in the same discipline will often be required to meet and identify areas of agreement and disagreement - including before they write their reports. The aim is to narrow the technical issues before trial rather than leaving every point to be fought out before the judge.

Preparing for Trial

Larger cases will normally require a Pre-Trial Review (PTR), a hearing at which the judge and parties can deal with any outstanding directions and organise the practical conduct of the trial, including witnesses, bundles, electronic documents, the timetable, closing submissions and, where appropriate, a site visit.

By the time the trial begins, the parties should therefore know the issues to be decided, the witnesses who are required and how the available court time will be used.

Depending on the complexity of the case, judgment may be delivered immediately, shortly after the hearing or reserved for a written decision. The TCC Guide states that where judgment is reserved, the judge will normally endeavour to deliver it within three months, although particularly substantial cases may (and often do) take much longer.

Costs and proportionality

Running through the entire TCC Guide is the principle that the cost of the litigation should reflect the dispute.

The court actively manages costs, as well as procedure. Costs budgets may be required, and the court can sanction parties whose conduct causes unnecessary expense.

That principle perhaps best summarises the modern TCC approach: specialist judges dealing with technically complex disputes, but with a continuing focus on identifying the real issues, restricting unnecessary evidence and documentation, encouraging settlement and ensuring that the procedure remains proportionate to what the parties are actually fighting about.

If you have a case in the TCC, and need help navigating the TCC Guide or other complexities of the litigation, contact Hamshaw today.