Page 8 - Liverpool Law Sep 2017
P. 8
Court News
Business and Property Court Launch
On 11th July I attended the Business and Property Court (BPC) launch in Manchester. The launch was attended by the Sir Geoffrey Vos, Chancellor of the High Court, Mr Justice Norris, The Vice Chancellor of the County Palatine of Lancaster and many other senior High Court Judges, advocates and Court users of the Manchester Civil Justice Centre.
The BPC is the new name for the Chancery Division of the High Court and will be live on 2nd October 2017. There is also one in Birmingham and Leeds, with more information on Newcastle and Liverpool to follow.
The BPC has been created with a view to simplifying archaic Court procedures to attract more international litigation as fewer contacts refer to the exclusive jurisdiction of England and Wales. Matters will no longer be referred to as Chancery business.
When a case is issued in the High Court you will need to select that you wish it to be heard in the BPC. You will then need to select from the 10 sub-divisions which include financial irregularity, competition, probate and trusts etc. Within some of those sub-divisions there are further sub- divisions.
Historically cases had to be issued in London to have them heard by the appropriate Judge
however cases will be issued in the Court relevant to the dispute with the appropriate Judge ready to hear them. The idea is that a construction dispute at a building site in Manchester will be heard in Manchester. The Judge will be allocated at an early stage so they hear all case management not just final hearing. It is also hoped that the Court process will be a lot quicker as not everything will have to go though London.
In addition the High Court is going paperless, like the Rolls Building is already, and all documents will need to be uploaded on to their system, however this will not be live until Spring 2018. Once live you will not be able to file anything other then via CE filing. Which itself has its advantages as you received an electronic acknowledgement to confirm receipt to documents.
There is a practice direction about the BPC and the sub divisions coming out in the next few weeks however, it is the Claimant’s responsibility to ensure the correct Court is selected and if the case is being heard in the wrong Court this may result in the case being struck out Judges have advised.
Danielle Blaylock Chartered Legal Executive MSB Solicitors