Job Card INS3 (September 2010) - county court hearing centre office (Maidstone)

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Law Commission fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Law Commission,

Job Card INS3 (September 2010) - county court hearing centre office (Maidstone)

HMCTS have confirmed that this job card is still currently being used by HMCTS county court office staff when accepting a creditors' bankruptcy petition, can you please confirm if this Job Card has been updated and provide a copy. The county court became a single court in April 2014.

Can you also confirm whether the Official Receiver attached to the county court hearing centre at Maidstone has received any confirmations from the county court of a pending action in bankruptcy filed by Maidstone Borough Council in 2018/2019 as a creditor on a bankruptcy petition, please provide the PAB dates and the name of the Insolvency Office and date they were received.

Please also confirm if covering letters that are date stamped, in place of a creditors petition being dated and time stamped when received by the court office, is an acceptable practice and provide the section of the Insolvency Act and rules, that confirms that a creditors bankruptcy petition does not need to marked with the date and time it was received by HMCTS staff, is a relevant court officer required to carry out this duty or is it just a general duty of court office staff.

In addition to only a covering letter from Maidstone Borough Council's out-sourced solicitors being date stamped (without the time received) and not the bankruptcy petition being date or time stamped on receipt by the court, can you also confirm if 2 identical copies of the petition must be filed together or whether a non-identical ( or blank copy) is acceptable and whether both should be dated/time stamped, and into which court, the county court or the Crown Court these covering letters /petitions must be sent to and received by.

How is it possible for MBC external solicitors to have their covering letters stamped by the Crown Court at Maidstone and this crown court date used on the petition as a date of filing ?

Are your Official Receivers aware of these practices who have access as a court officer to the bankruptcy cases, how many have they received prior to and including 2018/2019?

Yours faithfully,

Deb Williams

LAWCOM (FOI), Law Commission

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dangos adrannau a ddyfynnir

LAWCOM (FOI), Law Commission

Dear Deb,

Thank you for your request for information dated 16/09/2019. We acknowledge receipt.

Unfortunately, the Law Commission does not have a role in relation to the county court hearing centre office and therefore, do not hold the information requested.

The Law Commission is a statutory body whose function is to keep the law under review and to make recommendations for its reform. I am afraid we do not give advice on individual cases or points of law or investigate complaints. You may wish to seek legal advice.

Kind regards,
Sade

dangos adrannau a ddyfynnir

Dear Sade , LAWCOM (FOI),

Thank you for confirming that the Law Commission does not have a role in relation to HMCTS hearing centre buildings or their court staff, but you do have a function as a statutory body to keep the law under review and to make recommendations for its reform.

Has the Law Commission carried any investigations or reviews into the practises and procedures required to be followed by law or are HMCTS staff, lawyers (solicitors) judges etc exempt from following the law that includes ensuring accurate procedural steps have been carried out, because without these steps there is no law.

Do you hold any updated Job card INS3 procedures for example or know who should hold this information.

Yours sincerely,

Deb Williams

LAWCOM (FOI), Law Commission

This is an automatic acknowledgement of your email, which is being dealt
with. If we require further details from you, we will contact you again
before we send you a substantive reply.

Thank you,

Law Commission

For information about how we handle your personal data, please see our
[1]Privacy Notice

 

dangos adrannau a ddyfynnir

LAWCOM (FOI), Law Commission

Dear Deb,

Thank you for your request for information dated 16/09/2019. We acknowledge receipt.

The Law Commission is a statutory body whose function is to keep the law under review and to make recommendations for its reform. The Law Commission is able to accept work through two channels. First, as part of a Programme of Law Reform, which must be approved by the Lord Chancellor and laid in Parliament. Such Programmes are developed every three to four years based on public consultation - the last was published in December 2017. Second, by way of a Ministerial Reference, whereby any Minister or Welsh Minister can ask the Commission to consider undertaking a law reform project.

The area of law that you are referring to has not been considered as part of a Programme of Law or referred to us by a Government department for consideration.

I can confirm that the Law Commission does not hold an INS3 job card. I am not aware of who does hold this job card, but would assume that it is HMCTS.

Kind regards,
Sade

dangos adrannau a ddyfynnir