New High Court structure

Chancery division to be replaced by new business and property division

The lady chief justice has announced the creation of a new business and property division for the High Court of England and Wales. It will replace the Chancery division, whose origins as a court date back to the mid-14th century — though the king’s chancery was established centuries earlier.

Today’s announcement — which I predicted in January — means that Sir Colin Birss, who is currently chancellor of the High Court, will become president of the High Court business and property division.

He will assume responsibility for three courts that, for historic rather than practical reasons, are confusingly to be found within the King’s Bench division. They are

• the Commercial Court,

• the Technology Construction Court and

• the Admiralty Court.

These will be added to the new division’s existing responsibilities for

• the Business List,

• the Financial List,

• the Competition List,

• the Insolvency and Companies List,

• the Intellectual Property List,

• the Property, Trusts and Probate List and

• the Revenue List.

By unifying the group of specialist civil courts that handle high-value, complex and often international litigation, it will be possible for the head of division to provide more flexible judicial deployment, making it easier for the right judge to be assigned to each case.

The new division will be based in the Rolls Building in central London and operate from Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester and Newcastle.

Baroness Carr, the lady chief justice of England and Wales, said:

The creation of the business and property division more accurately reflects the requirements of people and businesses today. Its clearer structure improves access to civil justice and reinforces the country’s position as a leading global centre for dispute resolution, supporting crucial economic growth.

In a recorded message, Carr said she hoped the change would provide greater clarity for users and strengthen accessibility for all:

David Lammy, the justice secretary, said in a written statement to parliament that the government was pleased to support this judiciary-led initiative. It was intended to deliver a number of benefits:

• Supporting economic growth by strengthening the international profile and accessibility of these courts, thereby reinforcing the UK’s position as a leading global dispute resolution centre;

• Improving access to justice through clearer structures and a more intuitive framework for domestic and international court users; and

• Strengthening judicial governance by providing a single point of leadership.

Lammy said the reforms would be put into effect by an order in council, alongside updates to the Civil Procedure Rules, practice directions and associated court materials.

The changes are expected to take effect in October.