Revised Chancery Guide published

magnifyA revised edition of the Chancery Guide has been published, dated March 2016 [Update: the revised guide now bears the date of February 2016]. Practitioners should comply with the revised guide from now on, particularly as it reflects current, acceptable practice in the Chancery Division.For those new to civil litigation, it is worth remembering that court guides do not have the status of a practice direction and do not have the force of law. Nevertheless, as para 1.12 of the revised Chancery Guide states, failure to comply with a court guide may influence the way in which the court exercises its powers under the CPR, including the making of adverse costs orders.

Changes from the 2013 version

The changes from the previous version of the Chancery Guide are extensive and are due to the major changes in procedure and practice since the Chancery Guide was last published. These include the following updates:

  • the Jackson reforms on costs management;
  • the changes introduced following the Chancery Modernisation Review published by Briggs LJ on 17 December 2013;
  • the introduction of the CE-file on 1 October 2014 and of electronic filing on 16 November 2015; and
  • changes to CPR PD 2B with effect from 6 April 2015 which removed most of the restrictions on the types of relief a Master might grant and permitted Masters to try Part 7 cases without the consent of the parties, thereby making Chancery Masters' jurisdiction very similar to that of a judge.

Substantial restructuring

Further the Chancery Guide has undergone a substantial restructuring as follows:

  • the guide is no longer divided into Parts A and B—the two parts have been amalgamated
  • there are no longer any appendices—matters previously contained in the appendices have been incorporated into the body of the guide, placed on the Justice.gov website or, if obsolete, removed
  • the guide no longer has an index, rather the table of contents has been expanded to include subheadings within chapters
  • the guide has been re-ordered in the same order as cases proceed through the courts.

 

Filed Under: DR/Litigation

Relevant Articles
Area of Interest