County Court Bankruptcy

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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

Civil & Family Business Support,

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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