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High Court Modernisation: Lady Chief Justice and Lord Chancellor Establish New Business and Property Division

By Adv Shoeb Hakim3 Jun 20265 min read
Corporate litigation strategy within the new UK Business and Property Division by Adv. Shoeb Hakim

The Chancery Division is being replaced. Business and Property Courts unified under a single divisional structure.


Introduction

The Chancery Division is being replaced. The Business and Property Courts are getting their own Division. The goal is clarity, simplicity, and a stronger international reputation.

The Lady Chief Justice and the Lord Chancellor have announced a major modernisation of the High Court. The judiciary, supported by the government, is establishing a new Business and Property Division.

This article explains the changes, why they matter, and what remains the same.


What Is Changing

Current Structure:

New Structure:

DivisionRole
King’s Bench DivisionGeneral common law, contract, tort, judicial review
Family DivisionFamily law, children, probate
Business and Property Division (NEW)Commercial, business, property, technology, construction, IP

What Are the Business and Property Courts?

The Business and Property Courts are a collection of specialist civil courts that deal with:

These courts play a significant role in supporting the UK’s legal services sector and wider economy. A substantial proportion of cases involve international parties.


What Stays the Same

The individual courts and lists that make up the new division will continue their work as they do now, keeping:

The wider structure and work of the King’s Bench Division will not be affected.


The Aims of the Reform

AimDescription
Clarity and access to justiceMake it easier for court users to understand where to bring their cases
Stronger international reputationInclude Business and Property Courts within a single, coherent divisional structure
Simplified governanceSimplify governance arrangements for business and property work
Flexible judicial deploymentEnsure judges can be assigned where they are most needed

Leadership of the New Division

The new division will be led by a Head of Division – the President of the Business and Property Division.

The Chancellor of the High Court will assume this role.


Timeline

The intention is that the new Division will be established early in the next legal year, subject to the making of an Order in Council.


Why This Matters for Court Users

Before the reform:

After the reform:


Why This Matters for the Legal Profession

For solicitors and barristers:

For international clients:


Comparison with Other Jurisdictions

JurisdictionCommercial Court Structure
England & WalesBusiness and Property Division (new)
United StatesSeparate commercial divisions in many states
SingaporeSingapore International Commercial Court (SICC)
Hong KongHigh Court (Commercial List)
DubaiDubai International Financial Centre (DIFC) Courts

The UK’s reform keeps it competitive with other leading commercial litigation centres.


Conclusion

The Lady Chief Justice and Lord Chancellor have announced a major modernisation of the High Court. The Business and Property Courts will be unified under a new Business and Property Division, replacing the Chancery Division.

The reforms aim to make it easier for court users to understand where to bring their cases, strengthen the international reputation of the Business and Property Courts, simplify governance arrangements, and support flexible judicial deployment.

The individual courts and lists will keep their existing jurisdictions, identities, and areas of expertise. The King’s Bench Division remains unaffected.

The new Division will be led by the President of the Business and Property Division – the Chancellor of the High Court assuming this role.

Subject to the making of an Order in Council, the intention is that the new Division will be established early in the next legal year.

Q: Why is the Chancery Division being replaced?

Ans: The Lady Chief Justice and Lord Chancellor have decided to replace the Chancery Division with a new Business and Property Division to streamline operations. Previously, Business and Property Courts were spread across both the King’s Bench and Chancery Divisions, causing overlapping governance and confusion. Unifying them improves jurisdictional clarity and simplifies administration.

Q: Will this change the types of cases the High Court handles?

Ans: No. The individual specialist courts and lists that make up the new division will continue their work exactly as they do now. They will fully retain their existing jurisdictions, specific identities, and technical areas of expertise

Q: Who will lead the newly formed Business and Property Division?

Ans: The new division will be led by the current Chancellor of the High Court, who will assume the new title of President of the Business and Property Division

Which historic division of the High Court is being officially replaced by the new Business and Property Division?

Who officially announced the establishment of the new division on June 2, 2026?

What will be the exact title of the judge leading the new division?

Will the individual specialist courts lose their existing areas of expertise under the new unified structure?


Adv. Shoeb Hakim
Civil Procedure & High Court Practice Advisor

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.


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Shoeb Hakim

Shoeb Hakim

I train the people who protect India. And I defend those who need protection. Previously Head of AML & Client ID (AVP), Credit Suisse. Police faculty since 1995.

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