County Court Bankruptcy
Dear Her Majesty’s Courts and the Tribunals Service,
A bankruptcy hearing in the county court at nottingham, is this a public court?
What law prevents recording in a county court?
Is it acceptable for secretarial shorthand notes to be taken in a bankruptcy hearing?
Yours faithfully,
Terry Lakewell
Dear Terry,
Thank you for your enquiry, I can confirm that all court buildings are open to the public however not all court hearings are open to the public.
Company insolvency and bankruptcy proceedings differ slightly, where a creditor petitions for an individual to be made bankrupt, the hearing is in public unless the court rules otherwise.
Where a debtor petitions for his/her own bankruptcy, there is no public hearing. Company insolvency hearings are in public unless the court rules otherwise.
In regard to your query regarding what law prevents recording in a county court? There are restrictions on tape recording in court (save for the making of official transcripts). Section 9 of the Contempt of Court Act 1981 makes it a contempt to use in court (or to bring into court for use) a tape recorder or similar instrument without leave of the court. It is also a contempt to publish a recording or pass on a recording with a view to publication. This applies when courts are sitting.
It is also a decision for judiciary in each individual case to determine what notes can be taken at any hearing.
I hope this information is of help.
Yours Sincerely,
Jess Newton
Fees & Specialist Jurisdiction Team| Courts and Tribunals Development Directorate| HMCTS
Web: www.gov.uk/hmcts
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