Land Registry - ' There is no legal requirement to notify the Land Registry on the issue of a bankruptcy petition or order ' ?

J. Ross made this Rhyddid Gwybodaeth request to Civil Procedure Rule Committee

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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

Dear Civil Procedure Rule Committee,

Land Registry - ' There is no legal requirement to notify the Land Registry on the issue of a bankruptcy petition or order ' ?

The Land Registry have stated that quote: ' There is no legal requirement to notify the Land Registry on the issue of a bankruptcy petition or order '

Please provide all recorded data that your department holds that supports their statement or all recorded data that confirms the opposite is true and that the court must by law inform the Land Registry when a bankrutpcy petition is filed into the court and the Official Receiver must inform the Land Registry of a bankrutpcy order.

Yours faithfully,

J. Ross

HMCTS Customer Service (Correspondence),

Dear Mr Ross

I understand that you have corresponded with Land Registry directly who answered this question on 28 November and it is already published on the 'WhatDoTheyKnow' website. Please refer to the Land Registry Practice Guide 34.

Kind regards

Karen Hamilton
Customer Investigations Officer | HMCTS Customer Directorate

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Dear HMCTS Customer Service (Correspondence),

Please clarity if the Civil Procedure Rules Committee are aware of the Land Registration Rules especially the Bankruptcy introduction and procedure section in the Land Registration for the Twenty-First Century a Conveyancing Revolution that states there is a special provision for the effect of bankruptcy, and that the court MUST notify the Land Registry of all bankruptcy petitions and not just some, as received from the Law Commission and that it is a legal requirement for the court to notify the Chief Land Registrar at the Land Registry.

Chapter 50 of the Insolvency Manual October 2003 states that the Official Reciever also a court officer has access to all information maintained in the Land Register and not just some, so must also be aware if a bankrutpcy petition notice as a land charge has been registered in the register of pending actions.

Quote: ' When a petition in bankruptcy is filed against a debtor, the revelation court official must apply to register the petition as a land charge in the register of pending actions..... And the registrar must enter a notice of the pending action.'

Please can you also provide clarification as to who are the relevant court official required to notify the Chief Land Registrar at the Land Registry department ?

Yours sincerely,

J. Ross

Gadawodd J. Ross anodiad ()

Not only do we have secret closed courts operating without the consent of the individuals who are being made bankrupt unlawfully.(without any of the insolvency rules being complied with)

The Law Commission has provided the following information so why is this NOT happening in all cases ?

Quote: ' When a petition in bankruptcy is filed against a debtor, the revelation court official must apply to register the petition as a land charge in the register of pending actions..... And the registrar must enter a notice of the pending action.'

Is it because the assets for these "special cases" are being distributed amongst their "friends" ?

Gadawodd J. Ross anodiad ()

Land Registry Practice guide 34: personal insolvency Section 8.
' When a bankruptcy petition is filed with the court, the court must apply in prescribed form 6.14 to the Chief Land Registrar at the Land Charges Department for notice of the petition to be registered in the register of pending actions kept under section 5 of the Land Charges Act 1972 rule 6.13 of the Insolvency Riles 1986 in the case of a creditor's petition.'

Dear Civil Procedure Rule Committee,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Civil Procedure Rule Committee's handling of my FOI request 'Land Registry - ' There is no legal requirement to notify the Land Registry on the issue of a bankruptcy petition or order ' ?'.

Please review your decision. not to provide clarification.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

J. Ross

Wright, Jane, Civil Procedure Rule Committee

Dear Mr Ross

Your original request was forwarded to the MoJ FOI section on 28 November 2016 as the request did not concern the work of the Civil Procedure Rule Committee (the Department of Business, Energy and Industrial Strategy hold the government policy on Insolvency, and HMCTS are responsible for the handling of work within the courts). I have forward your chase up enquiry to them.

Jane

Jane Wright
Secretary to the Civil Procedure Rule Committee
Justice Policy Group
Ministry of Justice Post Point 3.31
102 Petty France
London SW1H 9AJ

DX 152380 Westminster 8

Tel: 020 3334 3184 or

[mobile number]

[Civil Procedure Rule Committee request email]

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