header-logo header-logo

Bankruptcy—Duty of Court Service to notify Chief Land Registrar—Whether duty actionable

01 October 2009
Issue: 7387 / Categories: Case law , Law reports
printer mail-detail

Trustee in Bankruptcy of Louise St John Poulton v Ministry of Justice [2009] EWHC 2123 (Ch)

Chancery Division, Hazel Marshall QC sitting as a deputy judge of the High Court, 2 September 2009.

The Insolvency Rules 1986 (IR 1986), r 6.13 impose actionable statutory duties on the chief land registrar.

James Dawson (instructed by DWF LLP) for the claimant. Jonathan Lopian (instructed by the Treasury Solicitor) for the defendant.

A bankruptcy petition was presented in the Guildford County Court in January 2004. The court failed, however, to send notice of that petition to the chief land registrar in accordance with r 6.13 of IR 1986.

Those rules were made pursuant to powers conferred by s 412 of the Insolvency Act 1986 (IA 1986). Rule 6.13 provided that “when the [bankruptcy] petition is filed, the court shall forthwith send to the Chief Land Registrar notice of the petition together with a request that it may be registered in the register of pending actions.”

In March 2004, the subject

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll