The Business and Property Courts (B&PCs) came into operation on the 2nd of October 2017 as a collective of specialist civil courts. They were first established in five regions: Birmingham, Bristol, Cardiff, Leeds, Manchester, and London. The most recent additions have been Liverpool on the 9th of February 2018 and Newcastle on the 1st of March 2018.
What are The Business and Property Courts?
The Business and Property Courts, situated within the High Court, are tasked with adjudicating matters related to business, commerce, property, and chancery disputes, as well as technology and construction disputes, spanning both international and domestic realms. It unites the various specialist civil jurisdictions under one umbrella. This collective is divided into lists, which are further subdivided where necessary. The main lists are the Business List, the Commercial Court, the Insolvency and Companies List, and the Intellectual Property List.
The Advantages of The Business and Property Courts?
These courts offer the following advantages:
1. An Intelligible Name
The Business and Property Courts is intended to be a user-friendly term for domestic and international clients. This allows legal services providers to convey an all-encompassing picture of the courts’ offering.
2. Connected With London
Effectively functioning as a “super-highway” between the Courts across England and Wales. This ensures that international businesses and domestic enterprises are equally supported in resolving their disputes.
3. Flexible Cross-Deployment of Judges
The Courts facilitate the flexible cross-deployment of judges to sit in business and property cases across the courts. This will allow your case to be heard by someone with the most suitable expertise and experience.
4. Familiar Procedures
These Courts build on the reputation of the Commercial Court, the Technology and Construction Court, and the courts of the Chancery Division which allows for the familiar procedures and practices of those jurisdictions to be retained. This allows us to leverage our decades of experience and enables you to reap the benefits of the new courts while obtaining the best outcome for your case.
The Relevant Rules and Guidance
On the 1st of October 2018, a new ”Business and Property Courts rule” came into effect which essentially introduces an enabling rule. The main substance of the procedural rules remains within Practice Direction 57AA – Business and Property Courts (PD). The key sources of procedural guidance specifically on B&PCs are the CPR 57, the PD 57AA, and the relevant court guide for the proceedings in issues. However, the Business and Property Courts Advisory Note remains a helpful amplification of certain points.
Paragraph 4 of the Advisory Note observes that the courts continue to apply the same practices and procedures under the CPR and retain their own procedural approaches. The Business and Property Courts operate within and are subject to, all statutory provisions, rules and practice directions applicable to the proceedings concerned. PD 57AA.1.7 highlights the need for parties to give careful consideration to such guides.
Issuing a Claim
A significant change for regional practitioners is the location of where proceedings must be started.
1. Selecting the Appropriate List
Electronic filing using the Courts Electronic Filing System is now mandatory for professional court users in the B&PCs. PD 57AA.2.2 guides on selecting the appropriate list. The approach should be to:
- consider the “principal subject matter of the dispute”(PD 57AA.2.2(1));
- where several issues arise, consider whether there are aspects requiring the expertise of a specialist judge and, if so, select the appropriate list in which such judges sit (PD 57AA.2.2(2)).
Claims with a “significant link” to a particular circuit “must” be issued in The Business and Property Court’s District Registry for that Circuit. PD 57AA.2.3(3) guides as to when a “significant link” will be established.
For example, when one or more parties have their address or registered office within that jurisdiction. It’s noteworthy that particular emphasis is given to the location of any unrepresented parties when it comes to their address.
Additionally, at least one of the witnesses expected to provide oral testimony during the trial or any other hearing is situated within that same area. The origin of the dispute is also rooted in this jurisdiction, and it revolves around matters involving land, goods, or other assets situated there. Furthermore, the legal representatives of the involved parties are established within this jurisdiction.
If the claim has overlapping “significant links”, the claim “should” be issued in the location where the claim has the most significant links.
2. Action Headings
Paragraph 15 of the Advisory Note guides titling claims in The Business and Property Court with examples for various cases, locations, and lists.
3. Claim Form
Claim forms and all documents thereafter should be marked “Business and Property Courts” (paragraph 24 of the Advisory Note).
Similarly, if issued in the County Court, it must be marked “Business and Property Courts Work” by the court staff.
The following claims will have to be marked accordingly:
- For claims under the Shorter Trials Scheme, place “Shorter Trials Scheme” in the top right-hand corner
- Mark probate claims with “In the estate of [name] deceased (Probate)” at the top
- If Section I of Part 63 applies (Patents and registered designs), label it as “Patents Court” Make sure this is positioned below the court title where the claim is filed
4. Case Management Hearings and Trial
PD 57AA states that proceedings issued in the B&PCs that is the Commercial Court, Admiralty Court, Financial List or Technology and Construction Court where appropriate may take place in a circuit court.
PD 57AA.2.5 allows for circumstances where case management or trial may occur in the B&PCs which is when a claim has been issued in the of the B&PCs District Registries. The claims pertain to matters in the Revenue List, certain competition claims, and certain claims in the Intellectual Property List.
5. Transfers of Proceedings
If a case has specialist links with a locality must be tried by a specialist judge within that locality.
The following transfer rules apply:
- Transfer between the County Court and the High Court CPR rule 30.2
- Transfer between the High Court Divisions and to or from a specialist list CPR rule 30.5
- Transfer rules set out in Practice Direction
- Existing criteria for transfer in CPR rule 30.3
The court must also have regard to:
- The significant links as stated above in paragraph 3b.
- Whether the court resources, limitations or fairness require the hearing to be held in some other court than the one it is issued.
- The weight of the parties’ wishes. Although the wishes are not determinative.
- The international nature of the case may be that the case is more appropriate for trial in courts/centres with international transport links.
- The availability of a judge specialising in the type of claim in question to be in the court where the claim would be transferred.
An application must be made to the court seeking the transfer and must discussed and consented to by the receiving court. This regards transfer from the Rolls Building to or from the B&PCs District Registry or from a B&PCs District Registry to another such District Registry or the Rolls Building.
Under PD 29 2.2 a claim with a value of less than £100,000 will generally be transferred to the county court unless buy enacted as it is required to be tried in the county court.
Specialist work undertaken in the B&PCs, under PD57AA 4.1 can be heard in the following County Court hearing centres:
- The county court at Central London
- Birmingham
- Bristol
- Cardiff
- Manchester
- Newcastle
- Leeds
- Liverpool
- Preston
The specialist work is managed and heard by Judges who specialise in such work.
6. Appeals
Appeals are to be heard by a Group A judge (in accordance with PD52A).
Specific appeal slots will be created in listing in the BPCs District Registries to accommodate blocks of applications for permission to appeal (PD57AA 5.1)
In the CE-File, there is a drop-down list which applies to London. Appeals heard outside of London cannot be lodged on the CE File.
How Our Solicitors Can Help
If you need to issue a claim to The Business and Property Courts, our expert solicitors are here to help. Simply get in touch with us at info@witansolicitors.co.uk.
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