| | Chancery
Business at Central London Civil Justice Centre |
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| |
Introduction
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| |
Since
1989 it has been the practice of the Chancery Division in London to
transfer cases which are suitable for trial in the County Court to a
designated London County Court where sitting arrangements could be
made to guarantee trial by a judge of Chancery experience. From
1st April 1996 the designated County Court has been the Central
London County Court, now the Central London Civil Justice Centre
("CLCJC").
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| |
Following
the introduction of the Civil Procedure Rules, it has become the
practice to transfer an increasing number of Chancery cases to CLCJC.
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| |
In recognition of the increasing amount of Chancery work taking
place at the CLCJC a specialist Chancery Senior Circuit Judge was
appointed to the court in May 2006.
|
| | |
| 1. | The
Chancery List at Central London |
| 1.1 |
The
business of the Chancery List at Central London Civil Justice
Centre now comprises business from three sources:
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| |
| (i) |
cases
transferred from the Chancery Division of the High Court;
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| (ii) |
cases
transferred from other county courts on the South Eastern Circuit,
(on the grounds of complexity, or because the length of the trial is
estimated to exceed two days);
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| (iii) |
claims
issued in the Central London County Court itself.
|
|
| 1.2 |
All business of
the Chancery List at CLCJC is identified by a unique case number
starting "CHY".
|
| 1.3 |
A list of the
kinds of case which are suitable for the Chancery List at CLCJC
appears at annex A. It should be noted that since 2001 the court
has had original jurisdiction in contentious probate matters pursuant
to CPR Part 57.2. The scope and extent of the court's original
jurisdiction in matters relating to companies, as described in the
list, should also be noted. (Companies matters in respect of
which the Court has no original jurisdiction may still, in
appropriate cases, be transferred to from the High Court (Companies
Court) to CLCJC to be heard there by the Specialist Chancery Judge
under Section 9 of the Supreme Court Act 1981Acts.)
|
| 1.4 |
Claims may
be issued in the Chancery List at CLCJC if the Claimant thinks it
appropriate. The claim form must be clearly marked âChancery
Businessâ. If it later appears that the case is unsuitable for
the Chancery List it will be transferred back to the ordinary list by
a judge.
|
| 1.5 |
Otherwise,
cases from the above sources may be identified as suitable for the
Chancery List at any stage. At this point they will be transferred
into the Chancery List, with the approval of a Chancery Judge and
allocated a âCHYâ number.
|
| 2. |
The Court House
|
| 2.1 |
The
Central London Civil Justice Centre is located in two buildings on
Park Crescent, London W1.
|
| 2.2 |
The
trial centre is located at 26 Park Crescent London W1B 4HT, towards
the western end of Park Crescent, nearest to the London Clinic and
Harley Street. Trials and applications before Circuit Judges are
held here.
|
| 2.3 |
The main court
offices and the District Judgesâ Chambers are based near the
middle of the Crescent, on the eastern side, at 13-14 Park
Crescent. London W1B 1HT. Applications and hearings before
District Judges may be heard either here, or at 26 Park Crescent
(see Paragraph 3.4 below).
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| 2.4 |
The nearest
Underground stations are Regents Park (on the Bakerloo Line1.)
and Great Portland Street (on the Metropolitan, Hammersmith and
City, and Circle Lines).
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| |
1. Note that Regent's Park Underground Station is closed for
refurbishment until July 2007. The nearest Bakerloo Line Stations
are therefore Oxford Street or Baker Street, or alternatively Warren
Street on the Northern Line.
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|
| 3. |
The
Judiciary
|
| 3.1 |
The Senior
Chancery Circuit Judge is Her Honour Judge Hazel Marshall QC, who is
also authorised in respect of High Court business under s 9 of the Supreme Court Act 1981Acts. Any communications for her attention should
be addressed to:
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| |
|
| 3.2 |
The other
Circuit Judges of the Chancery List (as at January 2007) are Judge
Peter Cowell, Judge Dennis Levy QC, and Judge Robert Wakefield.
|
| 3.3 |
In addition
there is a panel of Recorders drawn from the Chancery Bar and
approved by the Chancellor. The Recorders are asked to sit from
time to time if the Chancery Circuit Judges are not available, or to
relieve pressure on the list. References in this guide to a
"Circuit Judge" include a Recorder unless the context
suggests otherwise.
|
| 3.4 |
There are two
designated specialist Chancery District Judges: District Judge
Margaret Langley and District Judge Barry Lightman. They are
based at 13-14 Park Crescent. They normally deal with Chancery
applications and case management in the District Judgesâ Chancery
List, which is heard on Fridays at 26 Park Crescent. However, in
exceptional circumstances hearings may take place at other times and
at 13-14 Park Crescent, and litigants should always check the
location on the court hearing list. Appointments before Chancery
District Judges are made through the Chancery Section in the same way
as appointments before Chancery Circuit Judges.
|
| 3.5 |
It is the policy
of the court to ensure that all Chancery List matters are dealt with
by a judge of suitable experience. Although not Chancery
specialists, a number of the Resident Judges at the court have
considerable experience in some Chancery areas (e.g. landlord and
tenant matters). If, at case management, the Senior Chancery Judge
considers that because of its nature, a particular case could be
efficiently heard by any such other Resident Judge, the case will be
so marked, and may subsequently be listed before either a Chancery
Judge or any other Judge so nominated.
|
| 3.6 |
A party who
considers it appropriate, on the grounds of the particular nature,
importance of value of the case, may apply to the Senior Chancery
Judge for the case to be reserved to her list.
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| 4. |
The
Chancery Section and communicating with the Court.
|
| 4.1 |
The
Chancery List is administered by the Chancery and Specialist Section.
Their offices are on the fourth floor at 26 Park Crescent.
Queries and applications can be presented in person at the reception
desk on the fourth floor, so long as they do not
involve the payment of fees.
|
| 4.2 |
All enquiries
and correspondence concerned with the Chancery List should be
addressed by post to
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| |
| |
The
Chancery Section
Central
London Civil Justice Centre 26
Park Crescent
London
W1B
4HT
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or through the DX
system to
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| 4.3 |
The following
numbers are dedicated numbers for use of the Chancery List business:
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These contact
details go directly to Chancery Section personnel. Chancery List
communications should not be sent to any other numbers.
|
| 4.4 |
The
Chancery Section Manager is Ms Kathlyn Antoine.
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| |
Communications
should be addressed to the Chancery Section Manager, at the above
address.
|
| 4.5 |
For
administrative reasons, all post to CLCJC is received at 13-14
Park Crescent. After sorting, Chancery List post is transferred to
the Chancery Section Office at 26 Park Crescent, on the same day.
|
| 4.6 |
All applications
requiring a fee to be paid must also be initiated at 13-14 Park
Crescent, whether made by post or in person. After fee processing,
Chancery applications are then transferred to the Chancery Section
Office, either on the same day, or the following morning, if they are
received in the afternoon.
|
| 4.7 |
To assist
Chancery Section staff to deal correctly and quickly with letters
and applications, it is important that the name of the case, its
"CHY" number and the date of the next fixed hearing is
stated prominently on the first page of the letter or
application. If the matter is regarded as urgent this may also
be stated: see further Paragraph 5.4 below.
|
| 4.8 |
Communications
may be made to, and short documents (12 pages maximum and not
involving payment of fees) may be filed with, the Chancery Section by
email to the email address given above. The subject line must
include the CHY number, the partiesâ names (abbreviated if
necessary), the nature of the document, and the date and time of any
forthcoming hearing (see also general guidance in CPR PD 5B
supplemental to Rule 5.5).
|
| 4.9 |
Faxed documents
for any Chancery case hearings taking place at 26 Park Crescent must
be faxed to 08703 305717 to
ensure that they reach the Judges' hearing rooms in time.
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| |
Faxed
Documents for hearing at 13/14 Park crescent must be faxed to 0207
917 5014.
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It
is likely that your document will not reach the Judge in time if
faxed to the wrong number.
|
| 5. |
Applications
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| |
Normal
business
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| 5.1 |
Chancery
applications before Circuit Judges are normally heard with case
management business, which is listed every Friday. Appointments are
given either for the morning at 10 o'clock or for the afternoon at 2
o'clock and matters are dealt with in a convenient order, according
to urgency and time estimate. In exceptional cases of urgency
(for example an urgent injunction) an appointment may be given for
another day and time.
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| 5.2 |
An application
in a CHY case should be made by leaving or posting copies of the
application notice (one more than the number of parties involved),
and the required fee, at or to the court office at 13-14 Park
Crescent for issue. After issue, the application will be delivered
to the Chancery Section, either on the same day or the following
morning, and will be dealt with as follows (subject to Paragraphs 5.4
and 5.5) below:
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| 5.2.1 |
Where a
hearing is requested, the Chancery Section clerk will list it for
hearing before a judge of the appropriate level (Circuit or District)
on the first convenient Friday at least two weeks after the day when
the application is processed. The court will notify the parties of
the date and time of the appointment.
|
| 5.2.2 |
Where the
applicant requests that the application be dealt with without a
hearing, the application notice will be placed before a judge of the
appropriate level. If the judge is of the view that a hearing is
required, he or she will direct a hearing within an appropriate
timescale. The Chancery Section clerk will then list the matter and
notify the parties of the date and time.
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| 5.2.3 |
If the judge
deals with the matter on paper, he or she will make such order as is
considered appropriate in the circumstances. This will not
necessarily be the order requested in the application. The court
will then notify the parties of the application and of the order
which has been made. Any such order will always contain a provision
that any party may apply to the court, as provided in the order, to
have the order set aside or varied.
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| 5.3 |
The Chancery
Section will endeavour to deal with Chancery application notices as
set out above, within five working days of their receipt.
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| |
Urgent
business
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| |
Certified
urgent business
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| 5.4 |
Any party making
an application which it considers urgent may certify it âUrgentâ
and give brief reasons in a covering letter. The Chancery Section
clerk will then give the application such priority as it appears to
warrant, and is likely to put it before a Circuit Judge for
directions. Parties should note that any abuse of the âurgentâ
certification may have the result that costs will be disallowed.
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| |
Applications
within one month of trial
|
| 5.5 |
Any application
received by the Chancery Section within one month before the date
fixed for trial will automatically be treated as urgent business.
Regardless of the nature of the application or the level of judge
which may be suggested by the applicant, the application will be
placed immediately before a Circuit Judge for directions. The
Judge will then make such order as is considered appropriate to the
circumstances.
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| |
Voluntary
expedited procedure
|
| 5.6 |
Any party
wishing to obtain an early appointment for the hearing of an
application may use the following procedure.
|
| 5.6.1 |
The
application and fee must be taken in person to the court office at
13-14 Park Crescent for immediate issue, wait whilst the issue is
processed and receive back the issued application notice and copies.
|
| 5.6.2 |
The issued
application notice should then be taken in person to the Chancery
Section office on the fourth floor office of 26 Park Crescent.
|
| 5.6.3 |
The Chancery
Section clerk will then list the application for hearing whilst the
applicant waits, and will list it for hearing on the immediately
following Friday if requested by the applicant. Such applications
will be listed before a Circuit Judge.
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| 5.6.4 |
The applicant
will then be responsible for service of notice of the appointment on
the responding party or parties.
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| |
When using this
procedure, applicants are reminded that at least three clear
days' notice to any other party (ie before close of business on
Monday) are required if an application is to be heard âwith noticeâ
on a Friday. If insufficient notice is given the hearing can, and
normally will, take place as an application made "without
notice", whether or not the responding party attends. The
Judge will make such order as is appropriate in the circumstances.
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Extreme
urgency
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| 5.7 |
During normal
working hours, emergency applications (ie applications where even the
expedited procedure timetable would be inadequate) can and should be
made directly to the Senior Chancery Judge. Contact should be
made with her clerk (see Paragraph 3.1) who will make special
arrangements appropriate to the circumstances. There is no
facility at the court for dealing with âout of hoursâ emergency
applications. In any such case, litigants should use the emergency
âout of hoursâ service at the Royal Courts of Justice in the
Strand (Tel:
|
| 6. |
Case management
|
| 6.1 |
Case
management hearings before a District Judge will usually be held on
Fridays, at 26 Park Crescent,
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| 6.2 |
Case management
hearings and applications before a Circuit Judge will usually also be
heard on Fridays at 10 a.m. or 2 pm, at 26 Park Crescent.
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| 6.3 |
Appeals from a
Chancery District Judge will normally be listed before the Senior
Chancery Circuit Judge, and as part of the general daily Chancery
List. If a trial is imminent, appropriate time arrangements will be
made.
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| 6.4 |
It is essential
that the parties provided accurate time estimates for applications
and case management conferences. If this is not done, and it is
apparent that the application will seriously overrun the time
allocated, the parties run the risk that the judge will adjourn the
application, with possible sanctions in costs.
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| 6.5 |
Parties will
usually be asked to provide an agreed minute of case management
directions ordered at a hearing, and they can often avoid the need
for a hearing by drafting or agreeing proposed directions beforehand.
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| |
To assist litigants, a form of standard model directions frequently
given in CHY cases (Form MT3(CHY) ) is at Annex B. Attention is
draw in particular to the procedure for fixing trial dates â" see
below.
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| 7. |
Listing of Trials and time estimates
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| 7.1 |
Fast track
Chancery trials will usually be heard by one of the Chancery District
Judges. Fast track trials take place on Thursdays, and the
Chancery District Judges list their own cases for hearing.
|
| 7.2 |
Multi-track
Chancery trials will be given fixed dates in accordance with the
usual practice of the CLCJC for multi-track cases. Where the
solicitors are on e-mail (as most now are) the trial date is set by
an e-mail listing appointment:
|
| 7.2.1 |
This will be
given for a Thursday at 11 am, and the parties will be given the
relevant email address.
|
| 7.2.2 |
Prior to the
appointment, the court will ascertain (or estimate, if such
information has not been given) the estimated trial length, and will
specify an appropriate trial window.
|
| 7.2.3 |
The parties
will be directed to keep the listing appointment by emailing the
court, at the relevant time, with dates to avoid during the trial
window. (Alternatively, such dates may be filed at least one hour
before the appointment, or the appointment may be attended in
person).
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| 7.2.4 |
The trial date
will be fixed by the court office immediately after the designated
listing appointment on the basis of the information then available.
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| |
Thereafter, it will not be vacated except on application at a
hearing before a Circuit Judge and on payment of the relevant fee.
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| |
When drafting case
management orders, solicitors and counsel should note that this is
now the usual procedure, and expressions such as "first open
date after â¦" are obsolete. The courtâs standard form
listing direction can be found at paragraphs of Annex B.
|
| 7.3 |
Parties should
note that the practice is to give listing appointments at an early
stage, as soon as the likely witnesses and trial length are known,
regardless of the length of time needed for subsequent case
preparation. The court is able to fix an appropriate window well in
advance, and the early fixing of a trial date has been shown to
improve efficient trial management.
|
| 7.4 |
Subject to
absences there are usually three Chancery Circuit Judges available to
sit at all times. It is therefore the practice of the Chancery
Section to list four cases to be heard in parallel at any time, in
the confident expectation that at least one will settle shortly
before trial. There remains, however the risk that all cases will
stand up. In this case every effort is made (including, where
possible, the use of a Recorder or of another Resident Judge with
appropriate experience) to ensure that no case is adjourned out.
|
| 7.5 |
The CLCJC aims
to achieve continuous listing so that cases should not have to be
adjourned part heard. Despite the limited number of Chancery judges
available to hear cases the Chancery Section pursues this objective,
and a case in the Chancery List will never be adjourned part heard
for any significant length of time simply because it has overrun its
trial estimate. However, a case which overruns from a Thursday may
well have to be adjourned to the following week, to accommodate
Friday case management business.
|
| 7.6 |
The partiesâ
time estimates are critical to the objective of providing flexibility
and continuous listing for the benefit of all litigants. Time
estimates should always be practical and realistic. The parties
should note the following:
|
| 7.6.1 |
Time estimates
for Chancery cases should be provided in the following form:
âEstimated time: ⦠days, [including] [excluding] ⦠hours
pre-reading time for the judge. This estimate [includes an
estimated ⦠hours/minutes] [does not include time] for giving
judgment, if judgment is delivered immediately.â
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| 7.6.2 |
Where
pre-reading time is specified, the court will endeavour to give the
trial a ânot beforeâ marking to accommodate this. The parties
can contact the Chancery Section after 4 pm on the day before the
hearing, to ascertain whether their attendance will be required at
10.30 am or only at a later time.
|
| 7.6.3 |
Time estimates
should assume that witness statements will be taken as read and that
accordingly that no significant time will normally be required for
oral evidence in chief. Pre-reading time should be calculated
to allow for the reading of witness statements.
|
| 7.6.4 |
The trial
judge will not normally expect to pre-read bundles of documents,
apart from any key documents indicated as being required for a basic
understanding of the case, unless arrangements are specifically made
for this. If extensive reading of bundles is required, then the
partiesâ advocates should decide whether this is best done before
or during the hearing itself, and should make their time estimates
accordingly.
|
| 7.6.5 |
Allowance
should be made for any witnesses using interpreters. Experience
indicates that the use of an interpreter trebles the length of time
for a witnessâs oral evidence.
|
| 7.7 |
Apart from
the above, as a general rule, the parties should assume that, before
the hearing, the judge will have been able to read the skeleton
arguments, any key documents, and the witness statements, but not
bundles of documentary evidence.
|
| 7.8 |
It is the duty
of the parties to inform the Chancery Section Manager immediately
of any changes in the time estimate of the case.
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| 8. |
Usual Practice
of the Court
|
| 8.1 |
Subject to the
protocols set out in this guide and to any specific requirements of
the Civil Procedure Rules, the Chancery List at CLCJC will follow the
practice set out in the Chancery Guide (see Volume II of the White
Book)
|
| 8.2 |
Annex A lists
the types of case suitable for the Chancery List. If a claim which
is to be issued at CLCJC is thought suitable for the Chancery List,
the claim form should be marked on its face as "Chancery
Businessâ in accordance with the CPR. Any claim form so marked
will be given a âCHYâ number and referred to the Chancery
Section. If it turns out that the case is not appropriate for the
Chancery list, it will be transferred to the ordinary list when it
comes before a Judge.
|
| 8.3 |
If a case issued
at CLCJC in the ordinary list comes before a judge who regards it as
appropriate for the Chancery List, he or she will direct transfer to
the Chancery List subject to the approval of a Chancery Judge. The
case will then be allocated a "CHY" number. Solicitors and
counsel who consider that their case would benefit from being tried
by a Chancery Judge should ask the Judge dealing with case management
to consider transfer to the Chancery List.
|
| 8.4 |
Any case which
is transferred to CLCJC from either the High Court or another county
court will also be allocated a new "CHY" number. (The
source will be designated by retaining the designating initials of
the original court as a suffix to the CHY number.)
|
| 8.5 |
When a case is
transferred to Central London Chancery List from either a county
court or the High Court, the file will be immediately placed before
the Senior Chancery Judge, who will review the existing case
management directions (if any), and either give appropriate
directions on paper for the further conduct of the matter or direct
an immediate case management conference.
|
| 8.6 |
Cases are often
transferred from the High Court at a very early stage. If the
parties agree, heavier matters may also be transferred voluntarily.
This can be a useful way of obtaining an earlier hearing in an
urgent case which is suitable for trial by a Circuit Judge.
|
| 8.7 |
Advocates may
assume that in Chancery Cases, robes will be worn for trials and
appeals, and that robes will not be worn for applications, except
committal proceedings for contempt of court.
|
| 9. |
Documents
|
| 9.1 |
The practice set
out in the Chancery Guide and in CPR part 39 should be followed in
respect of bundles and skeleton arguments.
|
| 9.2 |
Bundles and
skeleton arguments should be lodged in accordance with case
management directions in the case, but at the very latest they must
be lodged 24 hours prior to the time fixed for hearing. They
should be marked for the attention of the Chancery Section Manager
and delivered to the fourth floor office at 26 Park Crescent.
|
| 9.3 |
Provided the
hard copy skeleton argument is available at the actual hearing,
skeleton arguments may be sent by fax or e-mail to the Chancery
Section Manager on the numbers given above (see Paragraphs 4.3 and
4.8). In addition, they may be sent by fax to âReceptionâ at
26 Park Crescent on 020 7917 7940. In no circumstances
should an urgent fax be sent to any other numbers.
|
| 10. |
Authorities
|
| 10.1 |
The modern
practice of bringing photocopies of authorities to court is helpful
to the judges and is encouraged. It is also helpful if any bundle of
authorities is provided with an index and appropriate tabs, and if
bulky, is placed in a ring binder or lever arch file.
|
| 10.2 |
Solicitors and
counsel may wish to know that the court has a textbook library
including most of the usual Chancery, landlord and tenant and
mercantile books. It maintains a set of Law Reports, the All
England Law Reports, the Weekly Law Reports and an up-to-date set of
Halsburyâs Statutes and Halsburyâs Laws.
|
| 11. |
Orders
|
| 11.1 |
Orders made
after a hearing, whether a trial or an application, will be drawn up
and dispatched on the same day wherever possible. In some
circumstances however, dispatch may not take place until the
following day.
|
| 11.2 |
In order to
assist the court, parties should draw up, in advance of the hearing,
a minute of any order that they expect to ask the court to make.
|
| 11.3 |
Where the terms
of an order can only be finally decided at the hearing itself,
solicitors and counsel should be prepared to draft a minute of the
order after the hearing, to be handed in to the court clerk in order
to assist the preparation of the sealed order. Alternatively, they
may be asked to send in a minute to the court clerk by email, on
returning to their office.
|
| 11.4 |
Where a party
is granted relief at a hearing in the absence of the other party, the
representative of the party obtaining the order should ensure either
that the court confirms that it will be able to dispatch the sealed
order within 24 hours, or that the judge gives any necessary
direction for informing the absent party of the terms of the order in
the interim.
|
| 11.5 |
Orders made
after consideration of a case on paper will be drawn up and
dispatched as soon as possible. However, as orders on hearings
take priority, this may take up to a week. Counsel and solicitors
should bear in mind the time constraints mentioned here and above at
Paragraph 5.1-5.3 when making any application for an order without a
hearing. This is especially important if the order sought is
time-sensitive; an application for determination at a hearing may be
more appropriate.
|
| 12. |
Transcripts
|
| 12.1 |
The court has a
tape recording system in every courtroom. In the event of an appeal,
therefore, a request should be made for a transcript of the evidence
(if needed) and the judgment, if not handed down in writing.
|
| 12.2 |
Parties
seeking to obtain a transcript should place an order with an
approved member of the tape transcription panel and submit form
EX107 to the court. Any enquiries related to transcripts should be
directed in the first place to
|
| |
| |
CJ
Listings: Tel: 020 7917 7932/3
|
|
| 13. |
Central London Chancery Court User Group
|
| 13.1 |
The CLCJC
Chancery Court User Group has been re-established, to meet
periodically to monitor the operation of the Chancery List.
|
| 13.2 |
The Group
comprises representatives from the Chancery and Property Bar
Associations, the Property Litigation Association, the Association of
Contentious Trust and Probate Solicitors, the Society of Trust and
Estate Practitioners, the West London Law Society, the Westminster
and Holborn Law Society, and representative local solicitorsâ
firms. Meetings are attended by the court's Chancery
Judiciary and Chancery Section management.
|
| 13.3 |
The group is
anxious to be kept informed of how the Chancery List is working in
order to ensure that the best possible service can be delivered to
meet the needs of users. Complaints, comments, suggestions and
ideas for improvement may be communicated through any member of the
group. However in the first place it will be useful if suggestions
could be sent to either the Trial Centre Manager (Mark Clark) or the
Senior Chancery Judge (HH Judge Hazel Marshall QC) at 26 Park
Crescent, London W1B1HT.
|
| | |
| |
January 2007
|
| | |
| |
ANNEX A
|
| | |
| |
Cases
suitable for the Chancery List at Central London Civil Justice Centre
|
| | |
| |
Any
case in the following list which is either expressly transferred from
the High Court or is otherwise within the jurisdiction of the County
Court.
|
| |
Note: Where
a subject is noted * as being potentially suitable for either the
Chancery or the General List, it is for the Claimant's solicitor to
choose which is regarded as more appropriate in the first instance.
|
| |
Thereafter, the case will continue in that list unless transferred
by the Court on case management, either of its own initiative, or
upon application: see Paragraphs 1.4 and 1.5 of the Guide
|
| |
Wills
|
| |
| - |
Probate disputes
| | - |
Interpretation
| | - |
Inheritance
Act.
|
|
| |
Administration
of Estates
|
| |
Trusts
|
| |
All
matters relating to the validity of trusts and their administration
but including especially
|
| |
| - |
Resulting
and constructive trusts.
| | - |
Home
sharing cases (s.14 of the Trusts of Land Act 1996)
|
|
| |
Land
|
| |
| - |
Sale
of land (including specific performance claims)
| | - |
Contracts
affecting land
| | - |
Disputes
as to title
| | - |
Boundary
disputes
| | - |
Land
registration
| | - |
Right
of way and other easements and rights over land
| | - |
Adverse
possession
| | - |
Proprietary
estoppel
|
|
| |
Landlord
& Tenant
|
| |
Many
landlord and tenant matters, and in particular business tenancy
disputes under the 1954 Act, are suitable either for the Chancery or
the General List.*
|
| |
The
Chancery List is particularly suitable for
|
| |
| - |
Substantial
breach of covenant/forfeiture claims
| | - |
Rent
review and other valuation matters
| | - |
Service
charges and management (if not within the exclusive jurisdiction of
the LVT.)
| | - |
Leasehold
enfranchisement.
| | - |
Agricultural
tenancies
|
|
| |
It
is less suitable or necessary for
|
| |
| - |
Residential
tenancies
| | - |
Housing
cases.
|
|
| |
Partnership
Actions
|
| |
| - |
Disputes
as to the existence, terms, or termination of any partnership
| | - |
Administration
or winding up of any partnership business.
|
|
| |
Company
Law
|
| |
| - |
Shareholdersâ
agreements
| | - |
Disputes
regarding the running or management of a company
| | - |
But
NOT cases within the exclusive statutory jurisdiction
of the Companies Court.
| | |
It
should also be noted that Central London Civil Justice Centre has no
jurisdiction in personal insolvency, and therefore no original
company winding up jurisdiction.
|
|
| |
Claims
under s 423 Insolvency Act 1986Acts
|
| |
Dispositions
in fraud of creditors
|
| |
Torts
|
| |
| - |
Torts
in the property and commercial fields especially trespass, nuisance,
and negligence in relation to assets and business or financial
matters. (Many such matters may also be suitable for the General
List.*)
| | - |
Fraud
including constructive trusts and tracing
|
|
| |
Mortgages,
banking and financial mattes
|
| |
Mortgages,
charges and securities including banking securities (other than
simple mortgage possession cases where no defence is raised other
than on the figure), but especially
|
| |
| - |
OâBrien
defences.
| | - |
Disputes
regarding priority of mortgages or charges
| | - |
Guarantees
and indemnities
| | - |
Assignments
of choses in action
| | - |
Subrogation
|
|
| |
Business
litigation*
|
| |
Business
disputes may be suitable for either the General List or the Chancery
List. The Chancery List is an appropriate list for business
litigation as an alternative to a mercantile list, in particular
where a complex point of legal principle or interpretation of
contract may arise.
|
| |
Injunctions
and equitable remedies
|
| |
All
forms of equitable relief, including
|
| |
| - |
injunction,
| | - |
specific
performance,
| | - |
declarations
as to interests,
| | - |
tracing,
and
| | |
equitable
accounting
| | - |
Claims in restitution
|
|
| |
Professional
negligence related to any of the above topics
|
| |
| - |
including
solicitors, surveyors, architects, accountants, financial advisers.
|
|
| | |
| |
Annex
B
|
| | |
| |
Model
standard case management directions for Chancery List cases at
Central London Civil Justice Centre. -- Form MT3 (CHY)
|
| |
Form
MT 3 (CHY)
|
| |
Case
Number:
|
| |
Parties:
|
| |
| 1. | This case be allocated to the Multi Track.
| | 2. |
The parties do give serious consideration to using the Mediation
Scheme at this Court with a view to reaching an early
settlement.(Further particulars can be obtained from the Mediation
Section telephone 020 7917 5053). The parties will be expected to
provide an explanation if mediation has not been attempted. Costs
consequences may follow.
| | |
DISCLOSURE
| | 3. |
Each party shall give to the other parties standard disclosure of
documents on Form N265 by 4.00pm on [ ]
| | 4. |
All requests for inspection of or a copy of a document must be made
by 4.00pm on [normally 7 days later]. Copies of requested
documents to be supplied by 4 pm on [ normally a further 7 days
later].
| | |
WITNESS STATEMENTS
| | 5. |
The parties shall [serve][exchange] statements of witnesses of fact
by 4.00pm on [ ].
| | |
EXPERT EVIDENCE [Use (1)
(2) or (3)]
| | |
| (1) |
No expert evidence
| | 6. |
[It
being agreed] [The court being of the view] that no expert evidence
is required, neither party has permission to rely on expert evidence
without further order.
| | (2) |
Single joint expert
| | 6. |
Expert
evidence [on the issue of
] shall be limited to the written report of a
single expert [name if available] to be jointly instructed by the
parties. Unless the parties agree in writing or the court
otherwise orders, the fees and expenses of the single expert shall be
paid by the parties equally.
| | 7. |
Parties
are to agree a letter of instruction to the single joint expert by 4
pm on
[
]. Expert to provide a copy of his report
to the parties and file his report with the court by 4 pm on
[ ].
| | 8. |
Each
party to serve any questions to the single joint expert on the other
parties and the single joint expert by 4 pm on [
]. Expert to respond to such questions by 4
pm on [ ] by serving a copy of his answers
on the parties and filing the answers with the court.
| | 9. |
If the parties cannot agree by 4.00pm on [ ]
[who the expert is to be] [the form of the letter of instruction]
[the payment of the expertâs fees] either party may apply to the
court for further directions.
| | (3) |
Partiesâ
experts
| | 5. |
Each
party has permission to rely on expert evidence of a [state
discipline(s)].
| | 6. |
Expertsâ
written reports to be served by 4 pm on [ ].
| | 7. |
Expert
reports to be agreed if possible. If not, the experts shall hold
without prejudice discussions and prepare and serve a statement of
issues agreed and issues not agreed with a summary of the reasons
for any disagreement by 4.00pm on [
].
| | 8. |
Experts
to attend for cross examination at the trial unless agreed by the
parties or otherwise ordered by the Court.
|
| | |
LISTING
| | 10. |
The case is to be listed for trial before a circuit judge in the
period from [ ] to [
] with a time estimate of [ ] day/s, [including
hours] [excluding any] pre-reading time for the court. [Note
trial window in principle to be one month for each day of estimated
length of trial.]
| | 11. |
On
Thursday [date 4-6 weeks before trial window] at 11 a.m. each party
must email the Listing Appointment Clerk at
clondctyla@hmcourts-service.gsi.gov.uk
with dates to be avoided between [ dates as above ]
for parties, witnesses and advocates. The
parties are encouraged to agree a list of such dates, in which case
one party may email on behalf of all, provided he certifies that all
others have agreed. If you do not have access to e-mail you must
ensure dates to avoid are filed at the court office 26 Park Crescent,
London W1B 1HT, by no later than 1 hour prior to the appointment or
by personal attendance at the appointment. All documents for a
Listing Appointment MUST be clearly marked with the date and time of
the appointment.
| | 12. |
On
receipt of the required information the court will allocate a hearing
date and notify the parties. If the required information is not
received by the time stated the court will list accordingly and
confirm with a hard copy. Thereafter the hearing date will not be
altered except on application on notice to a circuit judge on form
N244 plus fee of £65 made payable to HMCS.
| | 13. |
E-mail
sent to clondctyla@hmcourts-service.gsi.gov.uk
will not be acknowledged or otherwise dealt with unless it is
providing information as directed by the court. Any abuse of this
facility will be reported to the senior judge.
| | |
PREPARATION
FOR TRIAL
| | [ 14. |
If considered necessary, direction for a Pre-Trial Review on an
appropriate date, approximately 3-4 weeks before trial date.
Provision can be made to vacate the PTR upon receipt of a joint certificate from the partiesâ solicitors that the case is ready for
trial and no further directions are required.]
| | 15. | Not
less than [7] nor more than [3] days before the date fixed for trial,
the Claimant is to prepare and file a trial bundle in accordance with
the Practice Directionpdp-39to Part 39 CPR. [Such trial bundles is to
include [a chronology] [a case summary not exceeding â¦. words] [a
list of issues].]
| | 16. |
Skeleton
arguments are to be exchanged. Skeleton arguments are to be filed
with the court at least [one] clear day before the date fixed for
trial.
| | 17. |
Parties to inform the court
immediately if the case should settle.
| | |
COSTS
| | 18. |
Costs of this [application]
[case management conference] [hearing] be
| | |
[
].
| | |
Dated:
| | |
HH
Judge
Mr/Ms
Recorder
District
Judge
Deputy
District Judge
| | | |
|