New edition of Chancery Guide in force

The new edition of the Chancery Guide (the Guide) was published and came into force on 29 July 2022. It is the first new edition since 2016 and contains substantial changes. One of the main goals was to align the content of the Guide with those for the other courts in the Business and Property Courts, (including the Commercial Court) where practices in those courts should be substantially the same. (There are a number of areas where practices are different and so different guidance remains appropriate.)

The Guide also takes account of changes in the way that the Chancery Division courts operate, technological changes, and new practices that have evolved (particularly post the Covid-19 pandemic). In addition, it reflects recent procedural reforms.

It is the first digital edition of the Guide and includes substantial use of hyperlinks to other parts of the Guide and to related content to make it easier to access and navigate online.

Examples of some of the changes are set out below.

Alignment with other guides

The alignment with other court guides can be observed in a number of areas. Key aspects of procedure are now subject to a more formalised timetable and process.

In relation to applications to the Chancery Division courts, the Guide now contains provisions regarding “ordinary” applications (listed for a hearing of half a day or less) and “heavy” applications (listed for a hearing of more than half a day). These are similar to the Commercial Court Guide, with the same timelines for the filing of evidence.

The provisions on the format and content of statements of case have been amended to largely mirror those applicable in the Commercial Court. There are default page limits for statements of case and skeleton arguments.

Account of technological advancements and new practices

The Guide places significant emphasis on the use of information technology at trial and encourages the use of technology throughout the litigation process. For example, at the pre-trial review, parties should consider whether parts of the trial should be heard remotely or by a hybrid hearing.

The Guide contains detailed guidance on the preparation of bundles. The default position is that trial bundles and hearing bundles are to be filed only electronically unless the court requests otherwise.  The exception to this is core bundles for use at trial (containing documents to be referred to most frequently) which must be filed electronically and in hard copy.

“Ordinary” applications will be listed as remote hearings unless the court orders otherwise. The Guide includes detailed directions for the preparation and conduct of a remote or hybrid hearing.

Reflection of recent procedural reforms

The Guide incorporates PD 57AC in relation to witness statements and evidence which was introduced in April 2021. It also incorporates the disclosure pilot at PD 51U (which from 1 October 2022 will take its permanent form as PD 57AD).

Key takeaways

The Guide introduces significant changes to procedure in the Chancery Division courts. As stated in the announcement introducing the Guide, court users should not assume that the previous guidance remains the same in all areas and should read the relevant parts of the Guide when using the courts.

With thanks to Alice Devenuto for her assistance in preparing this post.