ABSTRACT

This chapter deals with general guidance as to the deployment of evidence in Technology and Construction Court (TCC) litigation. It should be read in conjunction with the more specific advice given in the chapters dedicated to a certain type of claim, such as defects or delay, and, of course, to the requirements of the Civil Procedure Rules and the TCC Guide. The principle which underlies all this advice is that all evidence in the case should be deployed in the way which makes the task of understanding the issues and deciding the case as easy as possible for the Judge. This is because evidence which is readily comprehensible and sensibly structured is more persuasive. The closer the connection or relationship, and a fortiori if there is a conflict of interest, the higher the risk that the evidence will be rejected at the trial, or the weight to be given to the evidence will be fatally undermined.