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Jane Lambert
Earlier this evening there was a reception at the Manchester Civil Justice Centre to launch the Business and Property Courts in Manchester (see Business and Property Court Launch Manchester Law Society). The event consisted of a presentation by the Chancellor, Sir Geoffrey Vos followed by drinks provided by the Northern Chancery Bar Association and the Northern Circuit Commercial Bar Association.
The specialist chancery and commercial courts sitting in Manchester are among five hearing centres around the country to be integrated with the Business and Property Courts in the Rolls Building in London. The others are Birmingham, Bristol, Cardiff and Leeds. They are expected to be joined shortly by Liverpool and Newcastle upon Tyne. The integration of those courts (The Chancery Division, Commercial Circuit Court (formerly known as the Mercantile Court) and the Technology and Construction Court) has been described as "a super-highway between the B & PCs at the Rolls Building and those in the regions to ensure that international businesses and domestic enterprises are equally supported in the resolution of their disputes (see The Business and Property Courts of England & Wales - An Explanatory Statement 18 May 2017 Judiciary of England and Wales).
This could be an important event for everyone who lives in the North and not just for lawyers as it will provide a forum for the resolution of all kinds of commercial disputes outside London. The Judicial Executive Board has accepted that no case should be too big to be tried outside London. The aim is to achieve a critical mass of specialist judges sitting in Manchester so that all classes of case can be managed and tried there. At present, many such cases migrate to the Rolls Building "for a multitude of inadequate reasons" and "once there, they are often tried by a section 9 circuit judge from the region whence the case originated". It should become easier to transfer regional cases back to the regions for management and trial. In all the Business & Property Courts and Lists, a High Court judge can be provided to try an appropriate case outside London.
A local forum for the resolution of commercial disputes in Manchester will attract to the North West advocates and litigators of the highest calibre who can service other professionals in the legal, accounting and financial services professions. The existence of such an infrastructure should encourage entrepreneurs and creatives to stay in, and indeed migrate to, the North. It could in the long term be far more significant than expenditure on such projects as the Graphene Centre and the Factory.
This is a step that I urged some 30 years ago when the chancery practitioners on the Northern and North Easter Circuits petitioned the Lord Chancellor's Department for the appointment of a successor to His Honour Andrew Blackett-Ord as Vice-Chancellor of the County Palatine of Lancaster. There were fears that the government would close down the chancery courts outside London. A delegation led by Peter Keenan of Bridge Street Chambers presented a memorandum that included a contribution from me on the importance of a forum for the resolution of commercial disputes to the economies of the Northern conurbations. It was in effect an anticipation of what we now call the Northern Powerhouse.
Practitioners will have to make a number of adjustments. For instance, when a litigator issues a claim form electronically, he or she will be asked to choose a list to which the case is to be assigned. If it is an intellectual property case it will be assigned to the Intellectual Property List regardless of the intellectual property right and irrespective of whether it will proceed in the Patents Court, Intellectual Property Enterprise Court, Chancery Division or County Court. Having chosen a court, the litigator will next be asked to choose a court centre, He or she will be offered a choice of the Rolls Building, Birmingham, Bristol, Cardiff, Leeds and Manchester.
Advocates will have to get used to settling cases differently. Ever since the Judicature Acts 1873 to 1875, we have headed cases:
"IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION"
Sometimes we have added the name of the District Registry. Other times we have included the name of the Court or list such as "Intellectual Property Enterprise Court.
We shall now have to get used to settling cases
"IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN MANCHESTER
BUSINESS LIST (ChD)".
Or
"IN THE COUNTY COURT IN MANCHESTER
BUSINESS AND PROPERTY COURTS LIST".
And when we do have a case in t'Smoke it will be headed
"IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT (QBD)".
Now, won't that be fun!
Oh and just one more thing before I forget. We have to stop referring to the Mercantile Court as such and start calling it the "Commercial Circuit Court". Who thinks up those names?
If you are Puzzled of Preston and Writhing in Rawtenstall pick up the blower and dial 020 7404 5252 during office hours. Auntie Jane will sort you out. Or you can send me a message on my contact form.
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