THE RULES ARE CHANGING: ADVANCE NOTICE: GOODBYE TO THE CHANCERY DIVISION

July 23, 2026 · by · in Uncategorized

A whole raft of changes come into force on the 1st October.   The most noticeable will be that the Chancery Division disappears.   There is also an end to the “presumption” that costs management takes place by telephone.  Also note the new rules in relation to arbitration appeals (there have been a lot of such cases in the reports recently).   We will look at the substantive changes in more detail nearer the time.  For the time being practitioners need to be aware that the signs above the courts will be changing in the near future…

THE RULES

The Civil Procedure (Amendment No. 2) Rules 2026.

THE KEY CHANGES

The principal changes introduced are
  • Business and Property Division (BPD) reforms
    • Renames the Chancery Division as the Business and Property Division throughout the CPR.
    • Reflects the transfer of the Commercial Court, Admiralty Court, Technology and Construction Court, and Circuit Commercial Courts into the new Business and Property Division.
    • Replaces references to the Chancellor of the High Court with the President of the Business and Property Division.
    • Introduces an entirely new Part 57A governing the Business and Property Division.
    • Updates transfer provisions, commencement rules and jurisdictional provisions across numerous Parts (including Parts 19, 30, 52, 53, 57, 58, 59, 60, 61, 63, 63A, 64, 67 and 83).
  • Costs management
    • CPR 3.16(2) is repealed.
    • The previous provision stating that, where practicable, costs management conferences should be conducted by telephone or in writing is removed.
  • Part 8 proceedings
    • Corrects the cross-reference in CPR 8.8 from rule 8.1(3) to rule 8.1(4).
  • Applications without a hearing
    • Clarifies CPR 23.8 by making clear that the provisions relate to applications under paragraph (1).
  • Disclosure
    • Modernises Part 31 by replacing gender-specific language with gender-neutral terminology.
    • Clarifies that where a party lacks capacity the litigation friend may make the disclosure statement on that party’s behalf.
  • Arbitration appeals
    • Introduces new CPR 62.10A.
    • Creates a specific procedure and time limits for seeking permission to appeal where permission must first be obtained from the court which made the decision (following RRY v NKX [2025] EWHC 41 (Comm)).
    • Makes consequential amendments to CPR 52.3 and 52.12.
  • Respect Orders
    • Inserts an entirely new Section IX of Part 65 governing applications for Respect Orders under the Anti-Social Behaviour, Crime and Policing Act 2014, as amended by the Crime and Policing Act 2026.
    • Provides detailed procedural rules covering:
      • applications on notice;
      • without notice applications;
      • service requirements;
      • variation and discharge applications.
  • Traffic Enforcement Centre reforms (Part 75)
    • Updates terminology to align with the Taking Control of Goods Regulations 2013.
    • Introduces the term “order for recovery”.
    • Provides that reviews of court officer decisions extending time for statutory declarations are normally determined without a hearing.
    • Confirms that a warrant of control remains valid following a change of address provided a fresh notice of enforcement is served.
    • Centralises applications for further enforcement through the Traffic Enforcement Centre before onward transfer where appropriate.
  • Commercial Court, TCC and Admiralty enforcement
    • Introduces new provisions permitting enforcement jurisdiction over money judgments to be exercised by King’s Bench Masters or District Judges unless the court orders otherwise:
      • Commercial Court – new rule 58.16.
      • Technology and Construction Court – new rule 60.8.
      • Admiralty Court – new rule 61.14.
  • Miscellaneous amendments
    • Corrects the table of contents for Part 77.
    • Makes numerous consequential amendments to reflect the restructuring of the Business and Property courts and updates terminology throughout the Rules.

THE EXPLANATORY NOTE IN THE RULES

 

These Rules amend the Civil Procedure Rules (S.I. 1998/3132)—

—by amending the following Parts of the Rules to reflect the transfer of the Admiralty Court and the Commercial Court from the King’s Bench Division of the High Court to the Chancery Division, the renaming of the Chancery Division as the Business and Property Division and the change of title of the Chancellor of the High Court to the President of the Business and Property Division, by an Order in Council made under section 7(1) and (3) of the Senior Courts Act 1981, and to reflect the transfer of the Circuit Commercial Courts and the Technology and Construction Court of the High Court to the BPD:

  • Part 2 (application and interpretation of the Rules);

  • Part 19 (parties and group litigation);

  • Part 30 (transfer);

  • Part 52, rule 52.4 (appeals);

  • Part 53 (media and communications claims);

  • Part 57 (probate, inheritance, presumption of death and guardianship of missing persons);

  • Part 57A (business and property courts);

  • Part 58 (commercial court);

  • Part 59 (circuit commercial courts);

  • Part 60 (technology and construction court claims) (the opportunity has also been taken to add a missing entry into the table of contents);

  • Part 61 (admiralty claims);

  • Part 63 (intellectual property claims);

  • Part 63A (financial list);

  • Part 64 (estates, trusts and charities);

  • Part 67 (proceedings relating to solicitors);

  • Part 83 (writs and warrants – general provisions);

  • RSC Order 115 (confiscation and forfeiture in connection with criminal proceedings);

—by amending rule 3.16 (costs management conferences) to omit paragraph (2), which currently provides that where practicable costs management conferences should be conducted by telephone or in writing;

—by amending rule 8.8(2) (procedure where defendant objects to use of the Part 8 procedure) to update a cross-reference to rule 8.1;

—by amending rule 23.8 (applications which may be decided without a hearing) to make a clarification amendment;

—by amending Part 31 (disclosure and inspection of documents) to use gender neutral language, and also by amending the opening wording to rule 31.10(6) (procedure for standard disclosure) to clarify the process for signing disclosure statements when a person lacks capacity and is represented by a litigation friend;

—by amending Part 62 (arbitration claims) to insert a new rule 62.10A in relation to the time limit and procedure for seeking leave to appeal to the Court of Appeal against a decision refusing leave to appeal against an arbitration award under section 69 of the Arbitration Act 1996, prompted by the judgment in RRY v NKX [2025] EWHC 41 (Comm), and to make consequential amendments to rules 52.3 (permission to appeal) and 52.12 (Appellant’s notice);

—by amending Part 65 (proceedings relating to anti-social behaviour and harassment) to insert a new Section IX in relation to respect orders that are to be made under Part A1 of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12). Section 1 of the Crime and Policing Act 2026 (c. 20) inserts Part A1 into the 2014 Act;

—by amending Part 75 (traffic enforcement) to align terminology with the Taking Control of Goods Regulations 2013 (S.I. 2013/1894); to provide that the order drawn up by a charging authority following registration by the Traffic Enforcement Centre (TEC) of an unpaid penalty charge is referred to as an “order for recovery”; to provide that a request for review of a decision of a court officer on an application for an extension of time to file a witness statement or statutory declaration is to be determined without a hearing unless the court otherwise directs; to provide that a warrant of control remains valid where the address of the respondent changes after issue, if a new notice of enforcement is given; to provide that an application under rule 84.5 to extend the period in which to take control of goods is to be made to the TEC; and to replace the existing provisions governing applications for further enforcement with provision requiring such applications to be sent in the first instance to the TEC;

—by amending the table of contents for Part 77 (provisions in support of criminal justice) so that the entry for rule 77.3 correctly reflects the heading of that rule.