Business and Property Courts of England and Wales operational

Business and Property Courts of England and Wales operational

The new Business and Property Courts of England and Wales (B&PCs) became operational on 2 October 2017. We look at the new court headings to be used in the context of insolvency proceedings as well as other sources of guidance on the B&PCs.

Original news

Business and Property Courts of England and Wales (B&PCs) to become operational. The B&PCs create a single umbrella for specialist jurisdictions across England and Wales, including the Chancery Division courts used in most insolvency cases.

What are the practical implications?

From 2 October 2017, the new B&PCs have become operational. LexisNexis is in the process of updating our forms and precedents with the headings below.

Claims which have been proceeding in the Chancery Division before 2 October 2017 will remain under the control of the same Master (or Judge) and will retain their claim number as before.

What headings should now be used in corporate cases?

For corporate cases, we are using the following court headings in respect of our restructuring and insolvency forms and precedents:

Court Reference No: [INSERT COURT REF. NUMBER]

[IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]]

INSOLVENCY AND COMPANIES LIST (ChD), OR

IN THE COUNTY COURT AT [INSERT LOCATION]]

[BUSINESS AND PROPERTY COURTS LIST], OR

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

[INSERT LOCATION] DISTRICT REGISTRY]

IN THE MATTER OF [INSERT COMPANY NAME]

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

What headings should now be used in personal insolvency cases?

For personal insolvency ca

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About the author:
Kathy specialises in restructuring and cross-border insolvency. She qualified as a solicitor in 1995 and has since worked for Weil Gotshal & Manges and Freshfields. Kathy has worked on some of the largest restructuring cases in the last decade, including Worldcom, Parmalat, Enron and Eurotunnel.