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 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 BANKRUPTCY

IN THE MATTER OF [INSERT DEBTOR’S OR BANKRUPT’S NAME]

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

What other guidance is available?

Chancery Guide update: HM Courts & Tribunals Service has published an updated version of the Chancery Guide, which provides practical guidance for bringing claims in the Chancery Division of the High Court of Justice and is to be used in conjunction with the Civil Procedure Rules. It includes:

  • details of how claims brought in the Chancery Division under the umbrella of the B&PCs must be titled
  • the procedure for transfer, bearing in mind one of the main purposes of the B&PCs is to ensure that cases that have specific links with a region can be tried in that region by a specialist judge
  • a new Chapter 31 dealing with the B&PCs

Draft Practice Direction: The Ministry of Justice has circulated a draft 92nd Update  - Practice Direction Amendments Making Document. The changes include amendments to reflect the introduction of the B&PCs, amongst other things. The changes in the 92nd Update will come into force on the date on which it is signed by the Minister.

Courts and Tribunals Judiciary advisory note: This (currently provisional) advisory note explains the transfer of proceedings, how to issue proceedings electronically in the B&PCs and how claims should be titled.

Further Reading

If you are a LexisPSL Subscriber, click the link below for further information:

Restructuring and Insolvency monthly highlights—September 2017

Not a subscriber? Find out more about how LexisPSL can help you and click here for a free trial of LexisPSL Restructuring and Insolvency.First published on LexisPSL Restructuring and Insolvency

 

 

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