Michael Todd QC: Raising the Chancery Bar
The demand for Chancery expertise both on the Bench and at the Bar is buoyant. The Chancery Division of the High Court, comprising the Chancellor of the High Court and 17 Chancery High Court judges, does more work than the civil side of the Queen's Bench Division, and about three times more than the Commercial Court and the Technology and Construction Court combined. In addition, a substantial amount of Chancery business is transacted in the County courts.
July 18, 2007 at 08:11 PM
4 minute read
The demand for Chancery expertise both on the Bench and at the Bar is buoyant. The Chancery Division of the High Court, comprising the Chancellor of the High Court and 17 Chancery High Court judges, does more work than the civil side of the Queen's Bench Division, and about three times more than the Commercial Court and the Technology and Construction Court combined. In addition, a substantial amount of Chancery business is transacted in the County courts.
The demand for Chancery expertise on the High Court Bench is not confined to London. The regions are equally thriving. In Birmingham alone, since 2001, the number of Chancery High Court hearings has doubled.
To what is this increase in demand attributable? Firstly, it is at least in part to the high quality and versatility of the Chancery judges appointed over the last 20 years or so. Those judges have reacted, efficiently and effectively, to the greater demands placed upon them in terms of the commercial imperatives of the business 'transacted'. For quality, by way of example, one has only to look at the incumbents in the House of Lords – Lords Hoffmann, Scott, Walker, Neuberger, and, until recently, Lords Browne Wilkinson, Nicholls and Millett, all of who practised from Chancery chambers while at the Bar.
Secondly, the nature of Chancery business has changed dramatically. Gone is the Jarndyce v Jarndyce image of the Chancery Bar, and rightly so. And gone are the days when the primary litigation undertaken by Chancery practitioners was uncontested variations of trust. While Chancery business still includes all the work traditionally undertaken by the Chancery Bar, such as probate, trust and property law, charity law and company law, the types of business undertaken has expanded.
In relation to traditional Chancery work, on the advisory side, changes in new inheritance tax rules in the Finance Act 2006 have resulted in the need radically to rearrange how many families hold their wealth. While, on the litigation side, employee benefit trusts (EBTs) are generating a lot of work.
The use of trusts in many modern forms of structured products for pooled investment and credit is a source of additional work. And more generally, over recent years there has been a huge growth in litigation, both domestically and internationally, concerning private family wealth holding structures.
In relation to the new Chancery business, increased commercial activity, both domestically and internationally, has put further demands on the Chancery courts and Chancery practitioners. International mergers, acquisitions, insolvencies and restructurings, pensions collapses, software piracy and confidentiality disputes have led to increased Chancery litigation and in the demand for Chancery expertise in advisory work. International insolvencies, for example BCCI and Maxwell, have spawned much litigation which, in England, has almost exclusively been undertaken in the Chancery Division. A substantial part of our business now comprises, among others, company law, insolvency, banking, competition law, financial services law, commercial contracts, securities law, pensions, intellectual property and revenue law.
It is often overlooked that many of the recent notable cases were heard in the Chancery Division; for example, Douglas v Hello!; Baigent v Random House (The Da Vinci Code); Weir v Secretary of State for Transport (Railtrack); Apple v Apple (Beatles trademark dispute).
That expansion of the nature of the work undertaken in the Chancery Division has occurred is unsurprising. Much of the 'new' work is founded upon concepts and principles of equity and property law, very familiar to Chancery practitioners.
Thirdly, those changes to Chancery business have been embraced by Chancery practitioners. But it is certainly not a case of out with the old and in with the new. There are many who continue the important work traditionally undertaken in the Chancery Division.
Fourthly, solicitors, and others, have recognised the development of Chancery business. Almost any civil dispute not involving matrimonial law, personal injuries, clinical negligence, defamation or ships may be resolved in the Chancery Division with the benefit of representation by members of the Chancery Bar.
The Chancery Bar is understandably very upbeat about its future.
Michael Todd QC is chairman of the Chancery Bar Association.This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Sidelined as Asian IPOs in New York Dominated by Small Cap Listings
X-odus: Why Germany’s Federal Court of Justice and Others Are Leaving X
Mexican Lawyers On Speed-Dial as Trump Floats ‘Day One’ Tariffs
Threat of Trump Tariffs Is Sign Canada Needs to Wean Off Reliance on Trade with U.S., Trade Lawyers Say
5 minute readTrending Stories
- 1Whether to Choose State or Federal Court in a Case Involving a Franchise?
- 2Am Law 200 Firms Announce Wave of D.C. Hires in White-Collar, Antitrust, Litigation Practices
- 3K&L Gates Files String of Suits Against Electronics Manufacturer's Competitors, Brightness Misrepresentations
- 4'Better of the Split': District Judge Weighs Circuit Divide in Considering Who Pays Decades-Old Medical Bill
- 5Which Georgia Courts Are Closed Today?—Here's a List
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250