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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll