Carr: More modern structure
The Lady Chief Justice has unveiled a modernisation of the High Court which will see a new Business and Property Division replace the Chancery Division.
The judge-led reform, supported by the government, will unify the group of specialist civil courts which handle high-value, complex and often international litigation.
A statement said the “single, coherent structure” aimed to improve access to justice and strengthen the international reputation of these courts by supporting flexible judicial deployment and simplify how business and property cases were managed, “ensuring that the right judge can be assigned to each case”.
From October, the new division will take on responsibility for the Commercial Court, the Technology and Construction Court and the Admiralty Court presently within the King’s Bench Division, but their individual “identity and specialist character” will be preserved.
Its president will be Sir Colin Birss, current Chancellor of the High Court.
The Lady Chief Justice, Baroness Carr, said: “The legal system can sometimes feel complex, old-fashioned and difficult to navigate… I want to do everything in my power to ensure that our courts are open and straightforward for anyone who needs their services.
“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.”
Lord Chancellor David Lammy said the reform 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.”
Changes will be made through an order in council which will be laid in Parliament in due course, alongside updates to the Civil Procedure Rules, practice directions, and associated court materials.
The Chancery Division was the successor to the Court of Chancery. The Court of Chancery was originally a mainly administrative body headed by the Lord Chancellor which became a largely judicial body in the 14th century, and which developed the doctrine of equity.
The Court of Chancery was dissolved and its jurisdiction transferred to the Chancery Division as a result of the Judicature Acts 1873 and 1875.
During the 20th century, the Chancery Division grew steadily, and specialist bankruptcy, companies and patents courts were established. In addition, a number of regional centres outside London were created to supplement the historic jurisdiction of the Vice-Chancellor of the County Palatine.