South-Eastern circuit Insolvency/Bankruptcy Courts & Judges

Deb Williams made this Rhyddid Gwybodaeth request to Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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 Gwasanaeth Llysoedd a Thribiwnlysoedd EM fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Her Majesty’s Courts and the Tribunals Service,

South-Eastern circuit Insolvency/Bankruptcy Courts & Judges

Please provide the full name and address of the following courts:

The County Court hearing centres having insolvency jurisdiction in the South-Eastern circuit, and a list of all district judges including deputy district judges etc.

The County Court hearing centres not located at Business and Property Courts which are specified by the Chancellor as "specialist" for the purpose of receiving transfers:Brighton,Croydon,Medway,Preston,Romford.

Business and Property Court of England and Wales and a list of the specialist judges including deputies etc.

A list of names of all the District Judges sitting in a District Registry for South-Eastern circuit including the Supervising Judge and including deputy district judges etc.

The Central London County Court and list of judges and deputies etc.

Royal Courts of Justice the ICC Judges and the High Court Judges etc.

Yours faithfully,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Good afternoon

 

Please see attached acknowledgement to your Freedom of Information
request.

 

Regards

London and South East Regional Support Unit | HMCTS

Web: [1]www.gov.uk/hmcts

 

Click [2]here to provide some feedback to help improve our service.

 

dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Ms Williams

Please see the attached response to your request (our reference 180802019)

 

Regards

London and South East Regional Support Unit | HMCTS

Web: [1]www.gov.uk/hmcts

 

Click [2]here to provide some feedback and help improve our service.

 

For information on how HMCTS uses personal data about you please see:
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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Thank you for the links.

Can you please explain why HMCTS did not ask for clarification until 31 August instead of 7 August when you acknowledged my request?

A list of all district and deputy district judges that have insolvency jurisdiction and sit at the county court hearing centres on the South-Eastern Circuit/South East Region.

County court hearing centres specified by the Chancellor as " specialist" for the purpose of receiving insolvency/ bankruptcy transfers.Brighton,Croydon,Medway,Preston,Romford.

The Business and Property Courts of England and Wales with insolvency/bankruptcy specialist jurisdiction (please list the specialist work that can not be heard by regional centres) including all five main regional centres.Birmingham,Bristol,Cardiff,Leeds and Manchester.

District Registry of the High Court South East Region (South-Eastern Circuit)

"ICC" Insolvency and Companies Court Judges 'High court insolvency (both personal and corporate please list both) who also hear appeals from the county court in the south east region.

"Etc" simply means any other information you may hold that relates to my request.

Yours sincerely,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Good afternoon

 

Please see attached acknowledgment to your Freedom of Information request.

 

Regards

London and South East Regional Support Unit | HMCTS

Web: [1]www.gov.uk/hmcts

 

Click [2]here to provide some feedback to help improve our service.

 

dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Deb Williams

Please see the attached response to your request (our reference FOI
180903043)

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts | ü Please
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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Please can you clarify if you are saying that the County Court is not a limited court of jurisdiction that has only ever been given the powers to hear general insolvency matters and not contested and opposed creditor's bankruptcy petition hearings against natural individuals ?

Yours sincerely,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

Dear Her Majesty’s Courts and the Tribunals Service,

Please provide the list of all (county court )circuit judges, district judges, deputy district judges that only have the jurisdiction to hearing general insolvency (local business ) who are not ticketed to hear specialist ticketed insolvency work such as opposed bankruptcy hearings and connected cases in the county court hearing centres in the South -East Circuit /South East Region.

If any have been given this specialist ticketed work by the designated civil judge please also provide their name and confirmation that the DCJ had the authority to grant this power.

Yours faithfully,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Good afternoon,

 

Please see attached your acknowledgment to your FOI request.

 

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts ü Please
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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Ms Williams

 

Please find attached the response to your Freedom of Information request.

 

Kind Regards,

Knowledge and Information Officer

 

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts |ü Please
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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Please provide clarification are you saying that all circuit judges, district judges, deputy district judges (county court)that sit in the County Court hearing centres have the jurisdiction to hear only general local insolvency work.

And are you saying the above general jurisdiction does include being able to hear non-voluntary opposed contested creditor's bankruptcy petitions or that these cases must be heard in a trial centre.

Because the link you have provided refers to general local insolvency matters only and you have not stated otherwise , what track are you saying the county court hearing centre officers allocate insolvency work to, single,fast or multi-track?

Yours sincerely,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Hello Ms Williams

Thank you for your email and the delay in this reply.

In response to your question below, I can confirm that Circuit Judges, District Judges and Deputy District Judges can hear contested creditors petition. These cases can be heard in all County Courts with bankruptcy jurisdiction.

A Judge is entitled to make any order they see fit, and allocate cases accordingly. If a case is allocated to small claims, fast or multi track, it can again be heard in any County Court.

Kind Regards,
Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional Support Unit | 3rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts | Please consider the environment before printing.
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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Thank you for your reply. The link you refer to as giving the County Court jurisdiction 'The Insolvency (Commencement of Proceedings) and Insolvency Rules 1986 ( Amendment ) Rules 2014 has been revoked under The Insolvency (England and Wales) Rules 2016 Schedule 1. that came into force on 6 April 2017.

Do you mean that all Circuit Judges (county court), District Judges (county court) and Deputy District Judges (county court) are ticketed for this work or do you mean District Judges (High Court) and Deputy District Judges (High Court) are specially ticketed judges to hear contested opposed creditors bankruptcy petitions against individuals.

And are you saying that only county court trial centres can hear contested bankruptcy petitions that the insolvency practice directions confirms must be assigned to the multi-track .

Yours sincerely,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

Dear Her Majesty’s Courts and the Tribunals Service,

Can you please explain why I have not received a reply?

Can also provide the contact details for Chief Regisrar Nicolas Briggs so that he can be contacted directly regarding the wide spread misconduct and wrong doing that is happening within his service/ courts that it appears is not restrained to just the South-east region.

Yours faithfully,

Deb Williams

Dear Her Majesty’s Courts and the Tribunals Service,

It is now 14 February 2019 please answer this FIO request.

Please also confirm whether the Central Office of the High Court is in the Queens Bench division or the Chancery division.

Yours faithfully,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Good afternoon

 

On relation this case number, we sent you our response on the 21st
November 2018, please see attached.

 

We then answered your follow up questions to the response on the 31st
December 2018.

 

I see you have asked the following question below 'Please also confirm
whether the Central Office of the High Court is in the Queens Bench
division or the Chancery division'

 

Please clarify if you would like this logged as a new request and will
forward this to the appropriate unit for logging.

 

Thank you

 

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | South East Regional Support Unit

 

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dangos adrannau a ddyfynnir

Disclosure Team, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Dear Ms Williams,

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime and has been rejected by the Disclosure Team.

It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information.

For example, a FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the MoJ receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

You may wish to re-submit your enquiry to the Ministry of Justice, which will be treated as Official Correspondence. Our contact details are as followed:

102 Petty France
London
SW1H 9AJ

Contact Form:

https://contact-moj.dsd.io/

Telephone Number:
020 3334 3555

If you do have any questions relating specifically to the FOIA or Data Protection Act (DPA), please contact the Disclosure Team at the following e-mail address: [HMCTS request email]

Kind regards,

The Disclosure Team

dangos adrannau a ddyfynnir

Chancery Issue, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Dear Ms Williams,

 

I am writing to reply to the following question, originally sent to the
Knowledge and Information Liaison Unit.

 

“Please also confirm whether the Central Office of the High Court is in
the Queens Bench division or the Chancery division.”

 

I can confirm that the Central Office of the High Court is in the Queen’s
Bench Division.

 

I hope this has answered your question. If you require any further
information please let me know.

 

Yours sincerely

 

Paul Farren

 

Delivery Manager

The Business and Property Court

Ground Floor, Rolls Building

7 Rolls Buildings, Fetter Lane

London EC4A 1NL

 

Tel: 020 7947 7783

For information on how HMCTS uses personal data about you please see:
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dangos adrannau a ddyfynnir

Dear Chancery Issue,

Thank you for confirming that the Central Office of the High Court is in the Queens Bench Division and not the Chancery Division of the High Court.

How is it possible that High Court Writs are being sealed on behalf of the RCJ Insolvency and Companies Court that is under the Chancery Division stating ' THIS WRIT WAS ISSUED by the Central Office of the High Court' when the Queens Bench do not issue these writs.

Yours sincerely,

Deb Williams

Chancery Issue, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Pursuant to Practice Direction 51O, it is no longer acceptable to file
documents via email. Documents should be filed through Ce-File (the Rolls
Building's electronic case management system), although the court will
apply discretion in exceptional circumstances. For more information please
visit hwww.gov.uk/guidance/ce-file-system-information-and-support-advice
and refer to the 'user guide' and the 'FAQ 's' (frequently asked
questions). To register as an E-Filer, click on the 'CE-File System' tab
and then ?Register as an E-Filer?. If you wish to only have access to the
?Public Search' and ?Office Copy' functions, click on the 'Public Search'
tab and then register as a ?Public Search User.

dangos adrannau a ddyfynnir

Dear Her Majesty’s Courts and the Tribunals Service,

Please answer the question.

Yours faithfully,

Deb Williams

Disclosure Team, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Dear Deb Williams,

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime and has been rejected by the Disclosure Team.

It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information.

For example, a FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the MoJ receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

You may wish to re-submit your enquiry to the Ministry of Justice, which will be treated as Official Correspondence. Our contact details are as follows:

102 Petty France
London
SW1H 9AJ

Contact Form:

https://contact-moj.dsd.io/
Telephone Number:
020 3334 3555

If you do have any questions relating specifically to the FOIA or Data Protection Act (DPA), please contact the Disclosure Team at the following e-mail address: [HMCTS request email]

Kind regards,

The Disclosure Team

dangos adrannau a ddyfynnir

Dear Disclosure Team,

What policy are you saying entitles High Court Writs sealed with RCJ Unsolvency and Cimpanies Court to state 'THIS WRIT WAS ISSUED by the Central Office of the High Court' when the court staff are fully aware that the Central Office belongs to Quuens Bench who issue their own High Court Enforcement Writs and have nothing whatsoever to do with Writs from the Chancery Division.

Would this not be classed as issuing fraudlent court documents because it is a falsehood.

Do the RCJ ICC court staff also have any policy on accepting and issuing writs without the correct documentation being provided and the correct checks being carried out.

Yours sincerely,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Ms Williams

Please see the attached acknowledgment for your FOIA request (our
reference 190226011)

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts | ü Please
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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Ms Williams

Please see the attached response to your FOIA request (our reference
190226011)

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts | ü Please
consider the environment before printing.

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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Thank you for confirming that the correct rules and practice directions are not being followed at the Royal Court's of Justice Insolvency and Companies Court in the Chancery Division when issuing High Court Writs.

Proceedings in which execution is to issue in the Chancery Division the writ must state 'This writ was issued by the Chancery Chambers ' when sealed by a authorised court officer with the 'High Court of Justice The Business & Property Courts of England & Wales' court seal when issuing writs out of the Jnsolvency and Companies Court at the Royal Courts of Justice.

So why do Insolvency and Companies Court writs of possession and/ or control etc that are sealed using the above court seal state 'THIS WRIT WAS ISSUED by the Central Office of the High Court' when this is not true and a falsehood.

How long has this practice of ignoring the rules and practice directions been going on as well as the authorised court officers allowing the name of the company to be used instead of the delegated named High Court Enforcement Officer on a writ.

Why are the Insolvency and Companies Court judges and High Court judges and masters ignoring what is happening when they are aware that families are being evicted forcibly and by violent means using these writs.

Under section (b) the court officer authorised to seal must be satisfied that the period has expired. But are any checks made as to whether or not an application was actually made to the county court for a section 42, or do they just go by what is written on the county court order for transfer up to the High Court to then obtain permission to issue a writ.

Are the authorised court officers sealing these writs legally trained.

Yours sincerely,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

Gadawodd Deb Williams anodiad ()

Let's hope that when the review into the unlawful actions of High Court Enforcement Officers and Agents is exposed that at the same time the Ministry of Justice looks into the practices of it's own court officers and the transferring up of possession orders / judgements from the county court.

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Deb Williams,

 

Please find attached acknowledgement to your FOI request- 190323006

 

 

Kind Regards,

 

Knowledge and Information  Liaison Officer

 

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts |ü Please
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dangos adrannau a ddyfynnir

Dear LondonAndSouthEastKILO,

Yes, I have asked for all recorded information held for all periods of time since this unlawful abuse of court process has been happening and allowed to continue unfettered within the courts. And section (b) is clearly explained in the Civil Prodecure Rules & Practice Directions copied below with the revelent parts in capitals.

I am not just asking about how many writs have been determined on appeal to be unlawful when an appeal should not be required to ascertain the unlawfulness by abuse of court process allowed by court officers.

Civil Procedure Rules - Part 83 Writs and Warrants - General Provisions

Section III WRITS Issue of writs of execution and writs of control

83.9 (1) In this rule ' THE APPROPRIATE OFFICE' means-

(ca) where the proceedings are in the Chancery Duvision, CHANCERY CHAMBERS;

(d) in any other case, the CENTRAL OFFICE of the Senior Courts.

(2) Issue of a writ of execution or control takes place on its being sealed by a court officer of the APPROPRIATE OFFICE.

(3) Before a writ is issued a request for its issue must be filed.

(4) The request must be signed-

(a) by the person entitled to execution, if acting in person ; or

(b) by or on behalf of the solicitor of the person entitled to execution.

(5) Subject to paragraph (5A), the writ will not be sealed unless at the time it is presented for sealing-

( b) THE COURT OFFICER AUTHORISED TO SEAL IT IS SATISFIED THAT THE PERIOD, If any, specified in the judgment or order for the payment of any money or the doing of any other act under the judgment or order HAS EXPIRED.

The abuse of court process are in a similar fashion to the following wrongful court practice that was allowed to continue for example until brought to light and a Senior Master Practice Note was put into place to stop the abuse of court procedure on 26 March 2016.

'Applications for transfers for enforcement of possession orders to the High Court'

Senior Master Practice Note quote:

I have received complainants that some High Court Enforcement Officers (HCEOs) have been using Form N293A to transfer County Court Possession Orders against tenants for enforcement to the High Court. This procedure is wrong because:

The Form is intended for enforcement of possession orders against trespassers only ( as stated in the notes at the bottom of the form); and CPR 83.13(2) requires the permission of the High Court before a High Court Writ of Possession can be issued; and CPR 83.13(8) (a) requires sufficient notice to be given to all occupants of the premises to enable them to apply to the court for any relief to which they may be entitled.

There have also been recent decisions where the MISUSE of Form N293A has been identified ......

The Queen's Bench Masters will not accept applications under Section 41 ... must be made under Section 42 of the County Court Act 1984 to a judge of the hearing centre of the Cou try Court ....

The Civil Procedure Rules Committee (CPRC) subcommittee on court firms has: redrafted Form N293A ... writs of control and writs of possession against TRESPASSERS ONLY; and redrafted a new form of draft order (PF92) giving permission to enforce a judgment or order for giving possession of land in the County Court ( other than a claim against trespassers under Part 55) etc.

Yours sincerely,

Deb Williams

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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dangos adrannau a ddyfynnir

Gadawodd Deb Williams anodiad ()

When will another Senior Master Practice Note be forthcoming to stop the wrongful actions of writs issuing out of the Insolvency and Companies Court at the Royal Courts of Justice ?

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear Deb Williams,

 

Please find attached response to your request

 

 

Kind Regards,

Knowledge and Information  Liaison Officer

 

Knowledge and Information Liaison Unit | London and South East Regional
Support Unit | 3^rd Floor | First Avenue House | 42-49 High Holborn |
London | WC1V 6NP | DX160010 Kingsway 7 | www.gov.uk/hmcts | Please
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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Good morning

 

Please see attached response regarding your recent Freedom of Information
request

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | South East Regional Support Unit

Milton Keynes Magistrates Court, 301 Silbury Blvd, Milton Keynes MK9 2AJ

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dangos adrannau a ddyfynnir

LondonAndSouthEastKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

 

Good morning

 

Please see attached response regarding your recent Freedom of Information
request

 

Kind Regards,

Knowledge and Information Officer

Knowledge and Information Liaison Unit | South East Regional Support Unit

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dangos adrannau a ddyfynnir