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International Construction Law Review

150 YEARS OF A SPECIALIST CONSTRUCTION COURT

Sir Vivian Ramsey1

International arbitrator and Judge of 
the Singapore International Commercial Court

INTRODUCTION

This article is written in the 150th anniversary year of the specialist construction court, known for the last 25 of those years as the Technology and Construction Court (TCC). In it I examine the development of the court, from its Official Referee2 origins and evaluate its work and importance, both in the English legal system and, most recently, internationally.
The TCC is the principal source of construction law in England and Wales.3 The decisions of that court of first instance have established principles of construction law which have been applied throughout the world. This is particularly so because international construction contracts, whatever the applicable law, use provisions derived from an English common law background. Those principles are applied by courts, in arbitration and in resolving disputes by other forms of dispute resolution.

THE NEED FOR A SPECIALIST PROCEDURE: 
THE 19TH CENTURY

The need for a specialist procedure to deal with construction disputes had become acute by the mid-1800s. It arose from two competing causes: a high level of demand and the inadequacy of the English legal system to meet it.
The English courts, which offered the only formal system for resolving these disputes, were notoriously inefficient and ill-suited to the task. To try to address the deep-seated faults of the court system, a Royal Commission was appointed by the government, headed by Lord Cairns, a senior appellate judge. The recommendations were wide-ranging, including the


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