CHANCERY PRACTICE ISSUES JUDGE
From Tuesday 27th April 2021, a District Judge of the Business and Property Courts will be available, initially for one hour, once a week, to assist with resolving practice issues arising in relation to Chancery cases in the Business and Property Courts (i.e. Business List; Property, Trusts and Probate List, Insolvency and Companies List in the High Court and County Court). The facility is not available for Circuit Commercial cases because they are case managed by the Circuit Commercial Circuit Judge; nor for TCC cases because they are case managed by the TCC District Judge.
A list of the proposed time and dates is attached for information. The identity of the Judge and the time and venue will be publicised in the cause list in the usual way under the heading “Practice Issues”. These sessions will be conducted by telephone to start with, because of the Covid-19 pandemic. This will be reviewed as circumstances change.
There is no fixed list of matters that might be suitable to be dealt with by the Judge. However, such matters should not be contentious and should be capable of being dealt with in a maximum of 15 minutes without detailed pre-reading. Examples of suitable matters might include the making of consent orders, vacating or re-fixing listed hearings by consent, withdrawal of winding up-petitions by consent, or expediting the sealing of an order in an urgent case. The Judge may also be able to offer guidance on procedural matters.
It will not always be necessary to issue a formal application to have a matter considered by the Judge under this scheme, but the Practice Issues facility should not be used as a means of by-passing the need to do so where appropriate, and the Judge may require the issue of a formal application and/or payment of a fee as a condition of assisting in an appropriate case. The facility be should not be used to obtain guidance on a contentious issue under the Disclosure Pilot.
It is hoped that it will be possible to accommodate “walk-in” cases once we are able to work face to face. Until then, advance notice will need to be given by email to LiverpoolBPC@justice.gov.uk by 4pm on the previous day, accompanied by any relevant documents and a short note outlining the assistance sought. The facility will only be available to legal representatives. If on any particular day it is unavailable due to pressure of other business those giving advance notice will be told.
The operation of the scheme will be kept under review.
HH Judge Cadwallader
Judge of the Business and Property Courts in Liverpool.
8th April 2021.
PROVISIONAL DATES FOR PRACTICE JUDGE SITTINGS
During the initial period of the scheme, the Judge will be available at 3-4 pm on each of the following dates. Any change to the dates will be advertised in the lists.
Tuesday 27th April
Wednesday 5th May
Wednesday 12th May (2.30pm – 3.30pm)
Wednesday 19th May
Monday 24th May
Starting from 2nd June 2021, and subject to take-up, it is anticipated that it will be possible to list the Practice Judge at 3-4pm pm every Wednesday.