First Joint TCC/FTT Ruling Sets BSA Concurrent Proceedings Case Management Blueprint
In-house counsel for parties to concurrent Building Safety Act 2022 TCC and FTT proceedings must follow this first-of-its-kind joint ruling’s procedural framework to avoid duplicative costs and contradictory factual outcomes.
For the first time, the Technology and Construction Court (TCC) and First-Tier Tribunal (Lands Chamber) (FTT) issued a joint judgment establishing a binding procedural framework for managing concurrent Building Safety Act 2022 (BSA) claims across both jurisdictions, arising from a Croydon development remediation agreement and associated remediation contribution order dispute. The ruling aligns with the new Fourth Edition TCC Guide’s Section 9, which mandates joint case management for related BSA proceedings to eliminate inconsistent factual findings, reduce duplicated disclosure and evidence costs, and streamline judicial resource use. It also resolves key procedural conflicts between the TCC’s formal CPR rules and the FTT’s no-costs regime, including a three-way costs coding model for work specific to each forum and joint work, and confirms joint hearings are preferred over formal consolidation to preserve each jurisdiction’s separate procedural identity. Parties with overlapping BSA claims across the TCC and FTT should seek joint case management early, adopt the endorsed separate costs coding approach, and align witness and expert evidence production with the TCC’s CPR Part 32 and Part 35 requirements even for FTT-specific work.