Serving the Claim Form in the New Business and Property Division

Serving the Claim Form in the New Business and Property Division

A structural change to the High Court will reach the way the claim form is issued and served in commercial and chancery disputes. The Civil Procedure (Amendment No. 2) Rules 2026 rename the Chancery Division as the Business and Property Division from 1 October 2026 and bring the Business and Property Courts together within it. A suite of new court forms follows, so litigators who issue and serve proceedings in these courts will need to use the correct court name and documents.

A single Business and Property Division from October 2026

The Master of the Rolls and the Courts Minister have signed the changes alongside the 196th Practice Direction Update, which comes into force on 1 October 2026. The reform renames the Chancery Division as the Business and Property Division and places the Commercial Court, the Admiralty Court, the Circuit Commercial Courts and the Technology and Construction Court within that single division. Until now the Business and Property Courts have been spread across both the King’s Bench and Chancery Divisions of the High Court.

The amendments align with the Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026 and follow a Written Ministerial Statement laid before Parliament on 2 June 2026. The Ministry of Justice says the aims are to raise the profile of the commercial courts, improve access to justice and simplify court language and process.

New court forms and the claim form

The Civil Procedure Rule Committee has confirmed that a suite of updated and simplified court forms will be published to reflect the new division. The practical point for anyone effecting service is straightforward. The sealed claim form, the response pack and any accompanying orders all carry the name of the issuing court. Once the Business and Property Division exists, documents produced and served in these courts should reflect the new division rather than the Chancery Division.

 

The methods, deadlines and deemed dates for service under CPR Part 6 are not altered by the reform. What changes is the identity of the court on the face of the documents and the templates used to produce them. Serving a document generated on a superseded form invites an avoidable argument about validity, so those responsible for service should confirm they hold the current version first. A certificate of service is only as reliable as the document it records.

New judicial titles and the wider package

The senior judge heading the division changes title from Chancellor of the High Court to President of the Business and Property Division. The same instrument carries further reforms. Amendments to Part 65, Practice Direction 65 and Practice Direction 2B introduce the procedure for Respect Orders under the Crime and Policing Act 2026, taking effect on 26 October 2026, and Part 75 is updated to improve the operation of the Traffic Enforcement Centre and its witness statements and statutory declarations.

Getting the claim form right during the transition

Proceedings issued before 1 October 2026 will already carry the former division name, while proceedings issued afterwards should reflect the Business and Property Division. Firms running a portfolio of commercial and chancery claims through the changeover should check which forms apply before instructing service, particularly where an order carries a penal notice and demands personal service. A process server who follows the current CPR Part 6 requirements and uses the correct forms keeps proof of service clean and reduces the risk of a challenge. Where there is doubt about a defendant’s whereabouts, alternative service under CPR 6.15 may need to be considered in parallel.

If your matter is heading into the Business and Property Courts and you need proceedings served accurately and on time, fill in the form below to get in touch with the Tremark team.

Frequently Asked Questions

When does the Business and Property Division take effect?

The renaming and the 196th Practice Direction Update come into force on 1 October 2026, with the Respect Orders provisions following on 26 October 2026.

Does the reform change how the claim form is served under CPR Part 6?

No. The methods and time limits for service under Part 6 remain the same. What changes is the court named on the documents and the forms used to produce and serve them.

Which courts move into the Business and Property Division?

The Commercial Court, the Admiralty Court, the Circuit Commercial Courts and the Technology and Construction Court sit within the new division, alongside the work formerly carried out in the Chancery Division.