The Technology and Construction Court (TCC) should be congratulated for its initiative in developing a pilot scheme for the settlement of cases (see [2006] Gazette, 8 June, 4).

Provided that certain safeguards are preserved - in particular, that the settlement judge who will assist the parties in coming to a settlement is completely and absolutely disqualified from taking any further part in the case - then it is to be hoped that the concerns expressed are going to be misplaced. The settlement order of the TCC does, on the face of it, appear to safeguard this process and give clear definitions of the duty of the settlement judge and that of the trial judge.


The Technology and Construction Solicitors Association has expressed some concern that the judges are best being judges. I think that judges could be quite effective at brokering settlements. This is likely to be a much more effective use of judicial time than having judges involved in the management of cases.


Neil Spurrier, Gregory Rowcliffe Milners, London