Risky Business - Ep 2: Pocket-sized thoughts on procedure - Comparing and contrasting the Commercial and Chancery divisions of the High Court

Associates Steven Bird and Natalie Armstrong discuss considerations for litigating parties who are having to decide whether to take court action in the Chancery or the Commercial divisions of the English High Court.

A common issue faced by a claimant is deciding where to file its claim – the Commercial Court or the Chancery Division.  The 2022 edition of the Chancery Guide has aligned Chancery Division procedures more closely with those of other lists in the Business and Property Courts, and in particular, with the Commercial Court. This alignment means that claims suitable for the Commercial Court are often also capable of commencement in the Chancery Division.

There are various benefits and drawbacks to consider for each of these divisions. For example, where frequent interlocutory applications are anticipated, the Chancery Division, with its ability to hear urgent applications throughout the week may be the best forum.  On the other hand, if a particularly long trial is expected, the Commercial Court which does not sit on Fridays may be better suited.  These considerations, as well as many others, are explored so that potential claimants are armed with the information they should weigh before deciding where to file their claim.