New Business and Property Division of the High Court launches on 1 October 2026

September 28, 2026

A significant restructuring of the High Court will take effect on 1 October 2026, with the launch of the new Business and Property Division (BPD).

The Business and Property Division will bring within a single Division all of the specialist courts and lists which currently make up the Business and Property Courts. This includes the Chancery Division, Commercial Court, Admiralty Court and Technology and Construction Court.

The BPD will sit alongside the King’s Bench and Family Divisions of the High Court.

The existing specialist courts and lists will retain their names and jurisdictions. The Commercial Court, Patents Court, Insolvency and Companies List and other specialist jurisdictions will therefore continue to operate under their familiar identities.

The new Division will bring together the judges undertaking business and property work within a single divisional structure. The head of the new Division will be known as the President of the Business and Property Division, replacing the title Chancellor of the High Court.

Sir Colin Birss, the current Chancellor, will become the first President of the BPD on 1 October. He is due to become Master of the Rolls on 1 November 2026 and will retain strategic oversight of the Division pending the appointment of a new President.

Impact for practitioners and clients

The immediate practical impact should be relatively limited. In a recent address to the Chancery Bar Association, Sir Colin said that, apart from changes in terminology, users should notice little change in existing ways of working.

There are, however, some practical points to note.

The legislative changes are made principally through the Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026 (SI 2026/723). Corresponding amendments to the Civil Procedure Rules are contained in the Civil Procedure (Amendment No. 2) Rules 2026 (SI 2026/817), with further amendments to the Practice Directions contained in the 196th Practice Direction Making Document. The relevant changes take effect on 1 October.

Court forms and seals are also being amended and updated court guides are being prepared. Changes to the CE-File system are expected to become operational on Monday 5 October.

There will also be a change to out-of-hours arrangements. Commercial Court and TCC out-of-hours work will be amalgamated with the existing Chancery out-of-hours scheme. Vacation arrangements will remain unchanged for the time being.

The new structure should also make it easier to deploy judges across the Divisions’ different specialist jurisdictions. Outside London, it is expected to simplify the arrangements for authorising judges to sit in the BPD.

For practitioners, the immediate changes on 1 October will therefore largely concern structure, terminology and consequential amendments to the CPR, Practice Directions and court systems. The specialist courts themselves, and their existing jurisdictions, will continue.

Stephen Connolly, Head of the Business and Property Department at Exchange Chambers, said:

“The creation of the new Business and Property Division is a positive development. Bringing these specialist jurisdictions together within a single Division provides a clearer and more coherent structure, while preserving the identity and expertise of the individual courts and lists.

“The new structure also provides an opportunity to build on the considerable success of the Business and Property Courts and ensure that specialist business and property litigation continues to be dealt with efficiently and effectively.”

Lisa Linklater KC, silk in the Business and Property Department at Exchange Chambers, said:

“The new Business and Property Division is an important development for business and property litigation. The strength of these courts has always been their specialist expertise, and the new structure should help to reinforce that.  This is positive news for clients and practitioners.”