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

01 October 2009
Issue: 7387 / Categories: Case law , Law reports
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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

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