Chancery Business in County Courts
11 December 2014

Members are asked to note the following, which was confirmed at the recent Manchester Chancery Court Users' Committee meeting:

‘The guidelines which exist in relation to the transfer of cases to a Chancery County court have in part been superseded by subsequent directions applicable on the Northern Circuit. For that reason the practice direction is not wholly appropriate as a mechanism for identifying cases, which should be started and marked "Chancery Business". However, the categories of business identified in the practice direction as being appropriate for transfer into a Chancery County court as defined will by definition be business that ought to be marked "Chancery Business".

Set out below is the list of the business identified within the practice direction. The business identified Part A will almost always be business which should be marked "Chancery Business" if commenced in the County Court. There is no compulsion to commence such cases in the county court if the High Court would be the more appropriate forum. The business listed in part B of the list is business that it will be almost always inappropriate to list as Chancery Business.

Any "Chancery Business" cases started in the Manchester County Court or the Liverpool County Court marked "Chancery Business" will be managed in the first instance by one of the Chancery District Judges resident at that Court. Any such cases started at Chester or Preston will be similarly managed by the nominated Chancery District Judges. Any such cases started at any other County Court on Circuit will be transferred from the County Court centre concerned to one of Manchester, Liverpool, Chester or Preston County Courts. The specialist or nominated District Judges will consider at appropriate stages during the management of the case whether the case concerned is appropriate for trial by a specialist Chancery District Judge. If the view is formed that the case can and ought to be tried by a Chancery District Judge then the Chancery District Judge will seek release of the case for trial by a District Judge from one of the Specialist Chancery Senior Circuit Judges. On no account are orders to be made requiring the trial of such cases by specialist Circuit Judges other than by one of the specialist or nominated Chancery District Judges.’

Part A

• Proceedings under the Companies Acts;
• Other disputes among company shareholders;
• Corporate insolvency proceedings (except for winding up petitions by creditors);
• Personal insolvency proceedings (except for bankruptcy petitions, interim orders and applications to set aside statutory demands);
• Directors’ disqualification proceedings;
• Claims within CPR Part 56 (Landlord and Tenant Claims and Miscellaneous Provisions about Land) other than applications under section 24 or section 38(4) of the Landlord and Tenant Act 1954 or under the Access to Neighbouring Land Act 1992;
• Probate claims, or claims for the rectification of wills, substitution and removal of personal representatives within CPR Part 57 (probate claims ought not to be started outside a Chancery county court in any event);
• Proceedings relating to the estate of a deceased person, to trusts or to charities within CPR Part 64;
• Proceedings under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (though a simple case of a joint property dispute, where there is little or no dispute as to the beneficial shares, may best be dealt with at the home county court);
• Proceedings relating to intellectual property, including passing-off;
• Proceedings relating to land, easements, covenants or contracts relating to land where an injunction, specific performance or declaration is sought or where there are substantial or complex issues (though not all injunction cases are appropriate for transfer, e.g. housing disrepair cases and many neighbour disputes);
• Proceedings for breacy of a restrictive covenant, breach of trust or breach of fiduciary duty where an injunction is sought or where there are substantial or complex issues;
• Claims for rescission on the grounds of undue influence or other equitable grounds, or for rectification of a document;
• Claims relating to membership of, exclusion from, or dissolution of, a club or other unincorporated association;
• Other claims - for instance for professional negligence or for breach of contract - which involve issues of trust, company, intellectual property, land or conveyancing law or procedure;
• Claims for the dissolution of partnerships or the taking of partnership accounts;
• Matters other than those listed above, where an account is one of the remedies sought and the issues likely to arise on the account are substantial or complex.

Part B

• Proceedings relating to residential tenancies;
• Proceedings relating to residential mortgages (unless a serious issue arises, for example, as to the occupation rights of a third party and as to whether the mortgagee’s rights prevail over those of such a third party);
• Claims to enforce a charging order;
• Applications under section 24 of the Landlord and Tenant Act 1954;
• Applications under section 38(4) of the Landlord and Tenant Act 1954;
• Applications under the Access to Neighbouring Land Act 1992;
• Proceedings under the Inheritance (Provision for Family and Dependants) Act 1975.

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