New Business and Property Division and Changes to Arbitration Procedure

A Single Division for Business and Property Cases

The Business and Property Division (“<span class="news-text_medium">BPD</span>”) of the High Court was introduced on 1 October 2026. The Business and Property Courts and lists previously situated within the King’s Bench Division, including the Commercial Court, Circuit Commercial Court and Technology and Construction Court, were transferred to the Chancery Division. The Chancery Division was, in turn, renamed the BPD, sitting alongside the King’s Bench and Family Divisions.

The restructuring aims to:

1. make it clearer to court users where claims should be brought;
2. enhance the international standing of the Business and Property Courts by placing them within one divisional structure;
3. streamline High Court governance; and
4. facilitate the allocation of judges to the areas where they are most needed.

Implementing Measures

The changes have been introduced through:

1. the Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026 (SI 2026/723);
2. the Civil Procedure (Amendment No. 2) Rules 2026 (SI 2026/817); and
3. the 196th Practice Direction Update.

Although most amendments reflect the creation of the BPD, two accompanying changes address procedural aspects of arbitration claims.

Permission to Appeal to the Court of Appeal

New CPR 62.10A establishes a clear timetable for seeking permission to appeal to the Court of Appeal where the Arbitration Act 1996 requires permission to be obtained exclusively from the lower court that made the decision.

A corresponding exception in CPR 52.3 removes appeals governed by the new rule from the general permission-to-appeal procedure. These amendments were introduced by SI 2026/817.

Respondents’ Notices in Section 69 Applications

Amended paragraph 12.6 of Practice Direction 62 expressly requires a respondent to an application for permission to appeal on a point of law under section 69 of the Arbitration Act 1996 to file a respondent’s notice. It also specifies what that notice must contain.

Introduced through the 196th Practice Direction Update, the amendment clarifies the requirements for respondents seeking to argue an award should be upheld for reasons not stated in the award itself.

Practical Significance

The reforms combine structural changes to the High Court with procedural clarification for arbitration practitioners. Parties should take account of the new divisional arrangements, the specific timetable governing relevant applications for permission to appeal to the Court of Appeal and the express notice requirements for respondents to section 69 applications.