TCC/BSA Working Group Questionnaire on what is working in the TCC and FTT following the enactment of the Building Safety Act 2022 banner

TCC/BSA Working Group Questionnaire on what is working in the TCC and FTT following the enactment of the Building Safety Act 2022

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Introduction and more information about the TCC/BSA Working Group

The TCC/BSA Working Group (the Working Group) was set up in May 2024 on the initiative of Mr Justice Constable and Mr Justice Waksman. The Working Group was constituted on the basis of invitation and the current members are:

  • The Hon. Mr Justice Constable
  • Judge Siobhan McGrath, President of the FTT (Property Chamber)
  • HHJ Siobhan Kelly
  • Jonathan Selby KC (Keating Chambers)
  • Jennie Gillies (4 Pump Court)
  • Richard Adams (Burges Salmon LLP)
  • Sue Harris (Walker Morris LLP)
  • Natalie Pilagos (Wedlake Bell)

The stated aim of the Working Group is to seek to provide some consistency of approach to issues that arise as a result of the enactment of the Building Safety Act 2022 (BSA 2022), whether that be in the Technology and Construction Court (TCC) or the First-tier Tribunal (FTT). This includes considering what areas in particular are causing concerns to practitioners, and how any issues might be addressed.

The Working Group will consider, for example: whether there are parts of the Civil Procedure Rules (CPR) that might need amendment or supplemental changes made to deal with procedural aspects; if the TCC Guide requires any amendments/additions to deal with the changes brought about by the BSA 2022; and production of standard orders.

Why does the Working Group need your help?

It is always important to find out what issues are being faced by practitioners, as well as sharing positive news about what is working. Rather than just rely on information from members of the Working Group and their network we would like to reach as many practitioners who do TCC work across England and Wales as possible and ask them what their experiences have been so far (good and bad).

This is the Working Group's first approach but there may be further consultations in the future that we hope you will want to be part of. Please do be honest and frank in your answers as your information can help shape change.

What can you do to assist?

Fill in the questionnaire. Please can you fill this in on a personal basis, or as part of a wider group (indicating the group involved if appropriate).

The responses can be anonymised if that is your preference and your email details will not be passed onto the Working Group if you make it clear that you do not want to be identified.

Where should the completed questionnaires be sent?

Please return these by email to sue.harris@walkermorris.co.uk by close of business on 20 December 2024 (extended deadline from November date in Form)

TCC note 24.10.23 questionnaire re BSA FINAL 4124-6839-6372 [1]