From 2 October 2017 the newly structured “Business and Property Courts of England and Wales” is the new name for England and Wales’ international dispute resolution jurisdictions.  For many, particularly those outside of London, this marks an exciting new era for civil litigation. 

The Business and Property Courts will act as a single umbrella for business specialist courts across the country hearing major civil and business cases.  The new court was created following the restructuring of the specialist civil court lists of the High Court, which includes the Commercial Court, (including the Admiralty Court and Mercantile Court); the Technology and Construction Court; the Patents Court; and the Intellectual Property and Enterprise Court, being just some of the obscure and antiquated names previously used and often misunderstood by the business community.  Previously, High Court judges were appointed to specific divisions and barriers were in place preventing judges from transferring between Courts.  The new structure allows for the cross deployment of judges with suitable expertise and experiences such that all specialist courts will be able to draw on the judicial resources available.  This will allow major cases, historically heard in London, now being handled in Birmingham, Manchester, Leeds, Bristol and Cardiff with parties issuing in the regions now being able to benefit from specialist judges.  An expansion into Newcastle and Liverpool is likely in the future. 

The movement of judges across the country will also mean there is no longer a need to travel to London to issue a claim or have your dispute heard by a leading judge in the specialist area required.  This will result in the regions pulling high profile cases out of London benefiting the litigants as well as the local legal community.

The new arrangements will continue the familiar practices and procedures of the original courts, whilst allowing for more flexible cross-deployment of judges with suitable expertise and experiences to sit on appropriate business and property cases. 

With many litigants across the world choosing to ask the courts of England and Wales to determine their dispute, these changes are designed to ensure our judiciary continue to lead the world in the provision of legal services and remain the first choice for those in search of justice.  This objective has never been as important as it is today in light of the potentially significant challenges created by Brexit.