District Judge Insolvency Matters - when is it not in their power to make an order.

MR Sergeant made this Freedom of Information request to Ministry of Justice

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

Waiting for an internal review by Ministry of Justice of their handling of this request.

Dear Ministry of Justice,

The Insolvency (Amendment) Rules 2010 page 122 states the hearing of application must be in open court.

Please be so kind as to confirm when it is not within the district judge's power to make an order and if this is a reference to whether they are ticketed for this specialist work.

7.6A hearing of application
(1) Unless the court otherwise directs, the hearing of an application must be in open court.
(2) In the county court, the jurisdiction of the court to hear and determine an application may be exercised by the district judge (to whom any application must be made in the first instance) unless-
(a) a direction to the contrary has been given, or
(b) it is not within the district judge's power to make the order required.

http://www.legislation.gov.uk/uksi/2010/...

Yours faithfully,

MR Sergeant

Data Access & Compliance Unit, Ministry of Justice

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information regime and will be treated by the department as Official Correspondence.
 
It may be helpful if I explain that the Freedom of Information Act (2000) 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 Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information 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 Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.
 
This will be dealt with as Official Correspondence and you can expect a response from the appropriate area of the department.
 
If you do have any questions relating specifically to the Freedom of Information or Data Protection Act, please contact the Data Access and Compliance Unit at the following e-mail address: [email address

show quoted sections

Dear Data Access & Compliance Unit,

I believe MOJ is incorrect and this information request does fall under the FOIA , please be so kind as to provide where it states otherwise.

Yours sincerely,

MR Sergeant

Dear Data Access & Compliance Unit,

This is not a general enquiry and this is a FOI request and I am asking for what data the Ministry of Justice department has on file about the scope of my request.

Further more the your department has a to apply S16 help and assistance under the new ruling, please see below.

Landmark ruling on Article 10

https://www.cfoi.org.uk/2016/11/landmark...

Yours sincerely,

MR Sergeant

Dear Ministry of Justice,

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

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'District Judge Insolvency Matters - when is it not in their power to make an order.'.

The MOJ are breaking the FOIA.

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

Yours faithfully,

MR Sergeant

MR Sergeant left an annotation ()

I suspect the MOJ will not answer because the Insolvency act and rules are not being followed by the courts.