Chancery Guide - Judiciary

1 Chancery Guide February 2016 Chancery Guide Chancery Guide 2016 Table of contents chapter 1 Introduction 8 About the Chancery Division 8 About this Guide 9 chapter 2 Contact details 10 chapter 3 Users Committees and suggestions for improvement 15 chapter 4 Litigants in person 18 chapter 5 Pre-Action behaviour 22 chapter 6 The court file 23 CE-File 23 Electronic filing 24 Email Communications with the Court 25 Future changes 27 chapter 7 Applications made pre-issue or at the point of the issue 28 Interim Injunctions: 28 Other Applications 28 Appointment of receivers 28 Norwich Pharmacal Orders 28 ESMA applications 28 Pre-action disclosure 29 Permission to serve out of the jurisdiction 29 Application to issue the claim form without naming defendants 29 Applications to issue the claim form with anonymous parties 29 chapter 8 Issue of the claim form 30 Part 7 or Part 8 30 Place of issue 30 How to start a claim 30 Allocation of a Master 31 Service of claim 31 Allocation to a track 31 Issuing Claims in the Financial List 31 chapter 9 Part 8 claims 33 When Part 8 is appropriate 33 Issuing claim form without naming defendant 33 1 Chancery Guide Details of procedure 33 chapter 10 Statements of case 35 Setting out allegations of fraud 35 Service of reply 35 Drafting guidelines 35 chapter 11 Service 37 Service of claim form by claimant 37 Agreed extension of time for service 37 Address for service 37 Service out 37 Service of application notices and court orders 38 chapter 12

2 Judgment in default 39 Granting a default judgment CPR 12 39 Setting aside a default judgment CPR Part 13. 39 chapter 13 Part 24/strike-out 40 Jurisdiction 40 chapter 14 Judges/Masters 41 Introduction: changes in jurisdiction 41 Deputies 41 Guidance notes on trials and granting injunctions by Masters 41 Allocation to a Management Track / Docketing 42 Transfer to other courts 43 chapter 15 Matters dealt with by Masters 45 File work 45 Part 7 Claims 45 Part 8 claims 46 Hearing of Applications before Masters 46 Assignment of cases before Masters 46 Oral applications without notice 47 Urgent applications to Masters 47 Other Applications to a Master: Interim relief 48 Group Litigation Orders 49 Procedure for Applications 49 Bundles for use at Masters hearings 50 Telephone hearings 51 chapter 16 Applications to a High Court Judge 52 Applications without notice 52 2 Chancery Guide Applications without a hearing 53 Applications in existing proceedings 53 Judges Application Information Form 53 Agreed Adjournment of Interim Applications 55 Interim Applications by Order by agreement 56 Freezing Injunctions and Search Orders 56 Opposed applications without notice 56 Implied cross-undertakings in damages 56 Orders on applications 57 Form of order when continuing an injunction 57 Consents by parties not attending hearing 57 Telephone hearings 58 Out of hours emergency arrangements 58 chapter 17 Case and costs management 60 Part 7 claims 60 Triage 60 Case and Costs Management Order 61 The Costs and Case Management Conference 62 Case Management Directions 63 Management track 63 Directions for trial 63 Disclosure and

3 Inspection of documents 64 Witness statements 66 Expert Evidence 66 General 66 Duties of an expert 66 Single joint expert 66 More than one expert exchange of reports 67 Discussion between experts 67 Written questions to experts 67 Request by an expert to the court for directions 68 Assessors 68 Alterations to the dates in the order for directions 68 Narrowing and agreeing issues 68 Confirmation that directions have been complied with 68 Part 8 claims 69 chapter 18 Case management for settlement 71 The role of the court 71 Stays for mediation 71 Early Neutral Evaluation and Financial Dispute Resolution 72 3 Chancery Guide Early neutral evaluation 72 Chancery FDR ( Ch FDR ) 73 Specimen draft order directing Ch FDR 74 chapter 19 Witness statements 75 Witness statements for trials 75 Witness statements for Applications 76 Exhibits to witness statements 76 chapter 20 Pre-trial reviews and pre-trial applications 77 chapter 21 Trials 79 Listing 79 Responsibility for listing 79 The Trial List 79 The Interim Hearings List 79 The General List 79 Listing of Cases in the Trial List 79 Estimate of duration 80 Applications after listing for hearing 80 Appeals 80 Daily list of cases 80 Listing of Particular Business 81 Appeals from Masters and bankruptcy appeals 81 Bankruptcy Applications 81 Companies Court 81 Applications referred to the Judge 81 Variation of Trusts: Application to a Judge 81 Trials before Judges, Masters and Registrars 81 Estimates.

4 Fixed-end trials 81 Preliminary issues 82 Trial timetable 83 Adjournments 83 Bundles 84 Avoidance of duplication 84 Chronological order and organisation 84 Pagination 84 Format and presentation 85 Indices and labels 85 Staples etc 85 Statements of case 85 Witness statements, affidavits and expert reports 86 New Documents 86 Inter-Solicitor Correspondence 86 4 Chancery Guide Core bundle 86 Skeleton Arguments 87 Place for delivery (over 25 pages) 88 Filing by email (under 25 pages) 88 Content 89 Reading lists 89 Chronologies and indices 89 Failure to lodge bundles or skeleton arguments on time 90 Authorities 90 Documents and Authorities 90 Oral submissions 90 Physical exhibits 91 Representation on behalf of companies 91 Robed and unrobed hearings 91 Recording at hearings 91 Video-conferencing 91 Oral Argument 92 Transcripts of evidence 92 Judgments 92 chapter 22 Orders 94 Draft orders 94 Form of order 95 Consent orders (including Tomlin orders) 96 Form of Tomlin order 96 Sealing of Tomlin Orders relating to money claims by Masters' clerks.

5 97 Unless Orders 97 Relief from sanctions 97 Orders made after hearings 98 Sealing orders 98 Orders drawn up by Associates 98 Collection trays 99 Copies of Orders 99 chapter 23 Accounts and inquiries 100 chapter 24 Appeals 101 General 101 Permission to appeal 101 Stay 102 Appeals from Masters 102 Insolvency appeals 102 Appeals from orders made in County Court claims 103 5 Chancery Guide Statutory appeals 103 Appeals to the Court of Appeal: permission to appeal 103 Appeals in cases of contempt of court 103 Dismissal by consent 103 chapter 25 The Bankruptcy and Companies Courts 104 Introduction to the Courts and Judges 104 Court Rules 104 Practice Directions 105 Issuing and Filing 105 Listing 105 Hearings 106 Personal Insolvency 106 Corporate Insolvency 106 chapter 26 Intellectual property proceedings 107 Introduction 107 Appeals 107 The Patents Court 107 The Intellectual Property Enterprise Court, including small claims track 108 Registered trade marks and other intellectual property rights 108 chapter 27 Financial List 109 chapter 28 Shorter Trials and Flexible Trials 110 General 110 Shorter Trials Scheme 110 The Flexible Trials Scheme 111 chapter 29 Specialist work 112 (1)

6 TRUSTS 113 Trustees applications for directions 113 Proceeding without a hearing 113 Parties 113 Costs 114 Beddoe Applications 114 Prospective costs orders 114 Charity trustees applications for permission to bring proceedings 114 Variation of Trusts Act 1958 115 Applications under section 48 of the Administration of Justice Act 1985 115 Vesting orders property in Scotland 116 Disability of Trustee 116 Estates of Deceased Lloyd s Names 116 6 Chancery Guide Judicial Trustees and substitute personal representatives 117 Bona vacantia and trusts 117 (2) PROBATE and INHERITANCE 117 Probate claims 117 Rectification of wills 119 Substitution and removal of personal representatives 119 Inheritance (Provision for Family and Dependants) Act 1975 119 (3) RECTIFICATION 120 (4) APPOINTMENT OF RECEIVERS 120 (5) PARTNERSHIP CLAIMS 121 (6) PENSIONS 121 Introduction 121 Starting proceedings 121 Representative beneficiaries 123 Consultation or notification 124 s 48 Administration of Justice Act 1985 124 Appeals from the Pensions Ombudsman 124 (7) COMPETITION LAW CLAIMS 125 Introduction 125 Nature of competition law claims 125 Practice Direction Competition law 125 Transfer of competition law claims to the Chancery Division from other divisions of the High Court or the County Court 126 Transfer of competition law claims to or from the CAT 126 Damages Directive 126 (8) COURT FUNDS (Payments into and out of court)

7 127 Payments into court 127 Mortgagees 127 Payments out 127 Application 127 Determination of the application by the court 127 Evidence of entitlement 128 Evidence of identity 128 Evidence of name or address change 129 chapter 30 Chancery business outside London 130 7 Chancery Guide chapter 1 Introduction About the Chancery Division 1A-1 The Chancery Division is one of the three Divisions of the High Court of Justice. The other two are the Queen s Bench Division and the Family Division. The head of the Chancery Division is the Chancellor of the High Court ( the Chancellor ); currently he is Sir Terence Etherton. The Chancery Division is based in the Rolls Building, in Fetter Lane, London EC4. In addition to general Chancery work, the Division includes the specialist lists of the Companies Court, the Bankruptcy Court, the Patents Court and the Intellectual Property and Enterprise Court ( IPEC ). It also shares the Financial List with the Commercial Court. The Rolls Building is shared with the Admiralty and Commercial Court and the Technology and Construction Court ( TCC ), making it the largest specialist centre for financial, business and property litigation in the world.

8 A summary of the work in the Rolls Building and details of the judges sitting there can be found on the Judiciary website ( ). There are currently 19 High Court Judges (including the Chancellor) attached to the Division There are also six judges who are referred to as Masters (one of whom is the Chief Master), and five judges who are referred to as Bankruptcy Registrars (one of whom is the Chief Registrar). Throughout this Guide the term judge (initial lower case) includes the High Court Judges, Masters, Registrars, judges with powers sitting as a High Court Judge and deputies. If the context makes it clear, Judge (initial capital) may be used to denote a High Court Judge. The High Court Judges also sit as judges in the Upper Tribunal (particularly the Tax Chamber); and in the Competition Appeal Tribunal. This Guide does not cover those tribunals. In the District Registries (see chapter 31) some of the work done by Masters in London is performed by District Judges.

9 The Chancery Division undertakes civil work of many kinds, the majority of which is business litigation. There is a strong international element and many claims are both substantial and complex. Specialist work within the Division includes company and bankruptcy, partnership, intellectual property, land, trusts, pensions, contentious probate and claims relating to the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and the equivalent provisions in the Competition Act 1998. There are certain claims, for example partnership claims, which must be started in the Chancery Division, either in the High Court or in a District Registry where there is a Chancery District Registry. See Schedule 1 of the Senior Courts Act 1981 for a list of claims which must be brought in the Chancery Division, and CPR Part 63. In many types of case ( claims for professional negligence against solicitors, accountants, valuers or other professionals and many commercial claims) the claimant has a choice whether to bring the claim in the Chancery Division or elsewhere in the High Court.

10 However, the court will give careful consideration to the appropriate venue at an early stage and claims may be transferred to another part of the High Court, or to the County Court, by the court shortly after issue if the Chancery Division is obviously unsuitable. 8 Chancery Guide Cases in the Financial List, which came into being on 1st October 2015 (see chapter 28), may be commenced either in the Chancery Division or in the Commercial Court. The Shorter Trials and Flexible Trials pilot schemes which also came into being on 1st October 2015 apply across all three jurisdictions in the Rolls Building. See chapter 28. About this Guide 1A-2 The aim of this Guide is to provide practical information and should be used in conjunction with the CPR. It is not the function of the Guide to summarise the Civil Procedure Rules ( CPR ) or the Practice Directions ( PD s ), nor should it be regarded as a substitute for them. However, there are a number of aspects of practice in the Chancery Division which differ from other courts and specialist jurisdictions due to the nature of the work carried out.