In 2015, HM Courts and Tribunals Service embarked on an ambitious five year programme of reforms to modernise the court system. However, modernisation is just one of the challenges HMCTS currently faces: Brexit, increased competition from arbitration and other dispute hubs, a shortage of judges and access to justice are also on the list.
HMCTS, together with the judiciary, are taking steps to address these issues and the reforms and changes to practice are coming thick and fast, particularly in the Rolls Building. Here we set out what those involved in disputes in the Rolls Building need to know.
Rebranding of the Rolls Building Courts
From June, the “Business and Property Courts of England and Wales” will be created, bringing together all of the High Court's specialist business courts under a single umbrella for the first time. These courts will include the Commercial Court, the TCC and the courts of the Chancery Division - including those dealing with financial services, intellectual property, competition, and insolvency.
The main aim of the new structure is to allow for "more flexible cross-deployment of judges with suitable expertise and experience to sit on appropriate business and property cases." Such cross-deployment has proved its value in the Financial List, which is able to call upon suitably experienced judges from both the Chancery and Queen's Bench Divisions. Widening the range of courts from which judges may be deployed should provide a pool of judges with greater strength in depth.
The judiciary has emphasised that the familiar practices and procedures of these courts are to be preserved, at least in the short term, so we would not expect to see any immediate changes in practice when operating in the new courts. It will be interesting to see how this closer working between the different courts affects practice and procedure over time. In due course, we are likely to see a consolidated Business and Property Courts Guide, which would be a welcome step.
Compulsory CE filing
Change is also coming to the Rolls Building in terms of court filings. From 25 April, it will no longer be possible to issue claims and applications, or to file documents, at the public counters. All filings will have to be made through the electronic working system, CE-File, use of which becomes mandatory on that date.
Users will need to be a registered CE-file user (go to http://www.ce-file.uk/ to register and access the CE-file system) and file, issue and pay court fees online. The CE-file system will be available 24 hours a day, 365 days a year. Guidance on how to use it can be found in PD 51O, and in the user's guide.
While there have been some teething problems with CE-file, these changes are further evidence of the judiciary trying to do its part to ensure London remains a pre-eminent dispute resolution centre, when faced with the competitive threat posed by other dispute resolution hubs.
