The High Court of England and Wales is to create a Business and Property Division, replacing the Chancery Division and bringing England and Wales’ specialist civil courts under one divisional structure.
The judge-led reform, announced during London International Disputes Week last week, was backed by the UK government and will place the Commercial Court, the Technology and Construction Court (TCC) and the Admiralty Court within the new division. Those courts currently sit within the King’s Bench Division.
Sir Colin Birss, the chancellor of the High Court, will become president of the High Court Business and Property Division. The changes are intended to give Birss greater flexibility to deploy judges across courts handling high-value, complex and often international disputes.
The three courts will join the Business List, Financial List, Competition List, Insolvency and Companies List, Intellectual Property List, Property, Trusts and Probate List and Revenue List. The division will be based at the Rolls Building in central London and operate from Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester and Newcastle.
The reform is designed to improve clarity for domestic and international users while maintaining the identities, administration and specialist character of the courts and lists brought into the division.
Baroness Carr, the lady chief justice, 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 pre-recorded announcement, she added: "The legal system can sometimes feel complex, old-fashioned and difficult to navigate. It may be easy for those of us who are long in the tooth to understand, but I want to do everything in my power to ensure that our courts are open and straightforward for anyone who needs their services."
Deputy Prime Minister and Lord Chancellor David Lammy said the historic modernisation would ensure the UK remained a global hub for corporate litigation.
He said: “This reform is intended… to support 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; improve access to justice through clearer structures and a more intuitive framework for domestic and international court users; and strengthen judicial governance by providing a single point of leadership.”
Lammy added the changes would 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.”
Lawyers were quick to comment on the news. Chris Bushell, a Herbert Smith Freehills partner and former London Solicitors Litigation Association (LSLA) president, said the creation of the new division was "a welcome move to modernise the High Court structure while retaining the special expertise of the individual courts and lists that will form part of it.”
Bushell added: “Although they already operate under a single umbrella as the Business and Property Courts, I would hope that bringing them together as a single division can lead to further streamlining of procedures, for example by aligning or amalgamating the separate court guides that currently apply.”
Fieldfisher partner John McElroy, the current LSLA president, described the move as “a clear and confident statement about London’s future as a leading centre for international dispute resolution.”
McElroy added: “The judiciary has reinforced what the market already recognises: that England and Wales offers deep expertise in high-value, complex and frequently cross-border disputes. The reform enhances clarity for court users and strengthens governance, while preserving the distinct identities and specialisms that underpin the courts’ global reputation.”
Against increased competition between international dispute-resolution centres, including Hong Kong’s announced International Commercial Court and Singapore’s established offering, McElroy said the reform showed “a willingness to evolve in step with global commerce.”
Colin Passmore KC (Hon), the City of London Law Society chairman, agreed, saying consolidating the courts into a single, coherent division was “a positive and much-needed step”.
“It brings real clarity for court users, many of whom are international, while reinforcing the strength of English law and the specialist expertise that sets our courts apart,” he said.
The Commercial Bar Association also welcomed the announcement, saying the new structure would enable “the specialist character of the different lists, such as the Commercial Court, [to] remain.”
They added: “The Commercial Court will therefore continue to be a specialist list, with specialist judges and its own listing and administration, and as such can be expected to continue to thrive as an internationally-sought-out means of speedy, efficient and predictable dispute resolution.”
Separately, it was announced last week that Mr Justice Waksman would be appointed as judge in charge of the Commercial Court, replacing Mr Justice Henshaw.
The move caps the career of the former Fountain Court silk, appointed as a specialist circuit court judge in 2007, becoming judge in charge of the London Circuit Commercial Court in 2015, before rising to the High Court in 2018, and leading the TCC from 2024 to 2026.
The Global Legal Post is a media partner of LIDW26 and hosted a round table on Commercial Litigation, featuring our Law Over Borders titles and hosted by Ashurst.
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