Insights Business and Property Courts to become operational on 2 October 2017

The Business and Property Courts of England and Wales were launched on 4 July 2017 and become operational today. They have been created as a single umbrella for specialist jurisdictions across England and Wales. The specialist jurisdictions are the Commercial Court (including the Admiralty Court), the Chancery Division Courts, and the Technology and Construction Court. In London these specialist jurisdictions will operate together in the Rolls Building on Fetter Lane, forming the largest specialist centre for financial, business and property litigation in the world.

Business and Property Courts have also been established in the five main regional centres where specialist business similar to that in the Rolls Building is undertaken, namely, Birmingham, Bristol, Cardiff, Leeds and Manchester. Specialist County Court cases that fall within the ambit of the Business and Property Courts will be heard in the Business and Property Courts List (previously the Chancery Business List). The former Mercantile Court will become the Circuit Commercial Court, and Mercantile Judges will be re-named Circuit Commercial Judges.

The Business and Property Courts will be divided into ten separate specialist courts or lists, some of which are further subdivided into sub-lists.

Although the various specialist courts have been brought together under one umbrella, the courts themselves will continue to operate in the same way as at present, applying the same practices and procedures under the Civil Procedure Rules as before and retaining their own procedural Guides. The way in which cases are dealt with in each type of court will not change. Claims that have been proceeding in the Chancery Division before 2 October will remain under the control of the same Master (or Judge) as before until further order. The Practice Direction setting up the Business and Property Courts contains new provisions, particularly as regards issue and transfer of proceedings. To read the Courts and Tribunals Judiciary’s announcement and to access the full advisory note, click here.