The TCC has moved into the Business and Property Division: what construction businesses need to know

What changed on 1 October?

The Business and Property Division came into effect on 1 October 2026. It brings together specialist courts dealing with business and property disputes that were previously distributed across the Chancery and King's Bench Divisions.

The Technology and Construction Court is one of those specialist courts.

The change is structural and administrative rather than a change to the substantive construction law applied by the TCC. The court remains the specialist forum for substantial construction, engineering and technology disputes.

How should new TCC documents now be titled?

The Judiciary has issued specific guidance. For proceedings in the TCC, the general heading should now identify:

IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY DIVISION
TECHNOLOGY AND CONSTRUCTION COURT

That matters when preparing new pleadings, applications, witness statements, orders and other court documents.

There is no requirement to go back and change documents that were already filed before 1 October 2026.

What happens to existing TCC cases?

Existing proceedings do not need to be started again. The Judiciary has confirmed that existing case numbers do not change as a result of the restructuring.

CE-File was also updated to reflect the Business and Property Division structure. A party already involved in a TCC claim should therefore continue under the existing proceedings and case number, while using the updated structure for new filings.

Does the TCC still use the “TCC” neutral citation?

Yes.

Although many judgments in the new Business and Property Division use the new (BP) neutral citation, specialist courts including the Technology and Construction Court retain their established identifiers.

A TCC judgment therefore continues to be cited in the familiar form [2026] EWHC XXXX (TCC).

What about court forms?

HM Courts & Tribunals Service has published a Business and Property Division forms collection. That collection replaces the former Chancery Division forms; it does not mean that every established TCC form has automatically been replaced.

Parties to TCC proceedings should therefore check the current Civil Procedure Rules, relevant TCC practice requirements and applicable court form rather than assuming that a precedent saved before 1 October remains current.

A specific change for enforcing TCC money judgments

There is also a specific procedural change relevant to enforcement.

New CPR 60.8 took effect on 1 October 2026. Unless the court orders otherwise, jurisdiction relating to enforcement of a money judgment or order of the Technology and Construction Court of the High Court in London may be exercised by a Master of the King's Bench Division.

This does not remove the TCC's specialist role in construction litigation or adjudication enforcement, but it is another reason to check the current procedural route rather than assuming that every post-judgment step is unchanged.

Does this change adjudication enforcement?

The restructuring does not alter the statutory right to adjudicate under the Housing Grants, Construction and Regeneration Act 1996.

Nor does it change the underlying principle that adjudicators' decisions are generally enforced promptly by the TCC, subject to the limited grounds on which enforcement may be resisted.

The High Court structure and procedural headings have changed; the substance of adjudication enforcement has not thereby been rewritten.

What should construction businesses do now?

1. Update litigation templates. Current TCC precedents should use the Business and Property Division heading.
2. Keep existing case numbers. The restructuring does not require existing claims to be reissued or renumbered.
3. Check CE-File carefully. Use the current court and case-category options for new filings.
4. Check current forms and rules. Do not automatically recycle an old Chancery or High Court form.
5. Review enforcement procedure separately. Where a judgment has been obtained, check CPR 60.8 and the current enforcement route.
6. Do not confuse structural change with substantive change. The TCC remains the specialist construction and engineering court.

Why does the change matter?

Most construction businesses will not need to change their substantive dispute strategy because of the new structure.

But procedural mistakes create unnecessary cost and delay. Using the wrong court heading, an outdated form or an assumed filing route can be particularly unhelpful where an urgent application or enforcement step is involved.

The sensible approach is to update litigation processes so that they reflect the court structure now in force.