Lady chief justice Baroness Carr has unveiled a ‘historic’ modernisation of dispute resolution with the formation of the Business and Property Division of the High Court. The aim is to 'strengthen accessibility of justice for all'
Lawyers have broadly welcomed the formation of a new Business and Property Division of the High Court, which was announced by the lady chief justice on Tuesday.
As unconfirmed media reports had suggested, the ‘historic’ modernisation will see the new division operate out of London’s Rolls Building (and across Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester and Newcastle), replacing the Chancery Division. It will be made up of the Commercial Court, the Technology and Construction Court, and the Admiralty Court presently within the King’s Bench Division, as well as the Business list, Financial list, Competition list, Insolvency and Companies list, Intellectual Property list, Property, Trusts and Probate list, and the Revenue list.
The judge-led reform, supported by the government, will ‘unify the group of specialist civil courts which handle high-value, complex and often international litigation’. The structure will aim to improve access to justice and strengthen the ‘leading international reputation’ of the Business and Property Courts.
The changes will also ‘support flexible judicial deployment and simplify how business and property cases are managed, ensuring that the right judge can be assigned to each case’.
Chancellor of the High Court Sir Colin Birss, who was sworn in as chancellor in November 2025, will assume the title of president of the Business and Property Division.
The reforms will not affect the wider structure of the King’s Bench Division or the existing courts and lists of the High Court.
Lady chief justice Baroness Carr of Walton-on-the-Hill said: ‘The legal system can sometimes feel complex, old-fashioned and difficult to navigate. It may be easy for those of us who are long in the tooth to understand, but I want to do everything in my power to ensure that our courts are open and straightforward for anyone who needs their services.’
'In circumstances where both the County Court and High Court are often accused of shocking delays in administering cases, any measure taken to reduce waiting times and increase access to justice should be lauded'
James Robertson, Spector Constant & Williams
The restructuring, Carr said in a prepared video (pictured), will ‘provide greater clarity for users and strengthen accessibility of justice for all’. She added: ‘The creation of the [Division] more accurately reflects the requirements of people and businesses today. Its clearer structure improves access to civil justice and reinforces the country’s position as a leading global centre for dispute resolution, crucially supporting economic growth as well.’
Deputy prime minister and lord chancellor David Lammy said: ‘The government is pleased to support a judiciary-led initiative to modernise the structure of the High Court. This historic modernisation will ensure the UK remains a global hub for corporate litigation. This reform is intended to…support economic growth by strengthening the international profile and accessibility of these courts, thereby reinforcing the UK’s position as a leading global dispute resolution centre; improve access to justice through clearer structures and a more intuitive framework for domestic and international court users; and strengthen judicial governance by providing a single point of leadership.
‘Changes will be made through an order in council which will be laid in parliament in due course, alongside updates to the Civil Procedure Rules, practice directions and associated court materials.’
The restructuring is expected to take effect in October.
James Robertson, commercial disputes partner at London law firm Spector Constant & Williams, commented: ‘My clients’ major concern will always be about how quickly their case can be decided. Nobody wants to be stuck in litigation for years, with their resources being rapidly depleted while they simultaneously try to run a business. In circumstances where both the county court and High Court are often accused of shocking delays in administering cases, any measure taken to reduce waiting times and increase access to justice should be lauded. However, we have to be extremely careful in ensuring that there is no decrease in the quality of the service provided because, after all, this is the reason that the UK remains, as Mr Lammy puts it, “a global hub for corporate litigation”.’
Faye Moore, senior consultant in the commercial disputes team at Bellevue Law, said: ‘The proposed change to the court structure to create one place for commercial disputes will help to simplify the process for filing claims. The current system, based on a historic structure linked to the separation of legal and equitable claims, will benefit from modernisation and simplification, in terms of access to justice and the continued reputation of England and Wales as an excellent dispute resolution centre.
‘Many parties are increasingly turning to arbitration to resolve disputes, with a view to reducing costs and complexity, but this does mean that fewer binding legal precedents are being created. This simplification of the court structure for commercial disputes might encourage more parties to return to court, reversing that phenomenon.’
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