Bringing proceedings in the Chancery Division
This page provides a general outline of how proceedings are commenced in the Chancery Division. It is not a substitute for the rules contained in the Civil Procedure Rules (CPR) (external link), which should be considered carefully.
The CPR is to be read in conjunction with the Chancery Guide (PDF).
Proceedings are usually a last resort measure. Litigants are expected to observe the guidance on pre-action conduct, in particular, the CPR, Practice Direction on Pre-Action Conduct and Protocols (external link), as well as any relevant pre-action protocol. Further information can be found in chapter 3 of the Chancery Guide.
The claimant should consider whether the Chancery Division is the appropriate court in which to issue the claim, and if so, whether the Rolls Building in London or one of the Business and Property Courts (“B&PC”) District Registries is the right venue. The claimant must also take care to issue the claim in the correct list or sub-list, which will depend on the principal subject matter of the dispute. For further information on the correct place to issue the claim, please see chapter 3 of the Chancery Guide.
The procedure for each type of claim is different, and regard should be had to Part 7 and Part 8 of the CPR. The question of whether Part 7 or Part 8 is appropriate is addressed in more detail in chapter 3 (for Part 7 proceedings) of the Chancery Guide and chapter 13 (for Part 8 proceedings).
Certain specialist Companies Act and insolvency proceedings are required to be issued by petition or originating application rather than by Part 7 or Part 8 claim form. This is addressed in the chapter 21 of the Chancery Guide.
For further information on the conduct of proceedings in the Chancery Division, see the “Chancery Guide” section of this website.