Land Registry indemnity provisions and payouts

Waiting for an internal review by Land Registry of their handling of this request.

Mrs. S. Bownass

Dear Land Registry,

Please confirm under the FOI Act what indemnity provisions the Land Registry has in place that may be called upon for failure of the Chief Land Registrar failing to register a bankruptcy petition and failing to notify the registered proprietor before registering a bankrutpcy order restriction.

Please provide the sums you have paid out in the last 5 years.

Yours faithfully,

Mrs. S. Bownass

Sondh, Gurmale, Land Registry

Dear Mrs S Bownass,

Thank you for your email of 23 June 2016 requesting the following information under the Freedom of Information Act 2000 (FOIA):-

"Please confirm under the FOI Act what indemnity provisions the Land Registry has in place that may be called upon for failure of the Chief Land Registrar failing to register a bankruptcy petition and failing to notify the registered proprietor before registering a bankrutpcy order restriction.

Please provide the sums you have paid out in the last 5 years."

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.

If you have any queries about this letter, please do not hesitate to contact me. Please remember to quote the reference number in any future communications.

Yours sincerely,

Senior Corporate Information Officer
Corporate Legal and Assurance Services
Land Registry Head Office, 4th Floor, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ
GOV.UK | @LandRegGov | LinkedIn | Facebook

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Sondh, Gurmale, Land Registry

Dear Mrs Bowness,

Thank you for your email dated 23 June 2016 requesting the following information under the Freedom of Information Act 2000 (FOIA):-

(1) "Please confirm under the FOI Act what indemnity provisions the Land Registry has in place that may be called upon for failure of the Chief Land Registrar failing to register a bankruptcy petition and failing to notify the registered proprietor before registering a bankruptcy order restriction.

(2) Please provide the sums you have paid out in the last 5 years."

In relation to your first part of the request numbered (1) above, I reply as follows:-

Under section 21 of the Freedom of Information Act 2000, we are not required to provide information in response to a request if it is already reasonably accessible to you. The information you requested is available from the Department’s website. I am providing the following direct link from our website to “Land Registry Practice guide 34: Personal insolvency which explains the role of Land Registry in respect of bankruptcy proceedings. I also confirm that in the event that there is a mistake on the register the statutory scheme applies explained in Practice guide 39:rectification and indemnity, please see below for a direct link to this guide:-

https://www.gov.uk/government/publicatio...

https://www.gov.uk/government/publicatio...

In relation to your second part of the request numbered 2 above, I reply as follows:-

Since 01/04/2011 we have only paid out on 4 bankruptcy claims. These are as follows:-

Year 11-12 - 2 claims totalling £280. 1st where we served the notice on the wrong address, 2nd we made the entry in error.
Year 12-13 - 1 claim for £720 where we put the entry on in error.
Year 13-14 - 1 claim for £25 where we removed an entry in error.
There have not been any payments made since then.

If you have any queries about this letter, please contact me.

If you are dissatisfied with this response to your request, you may seek an internal review within two months of the date of our reply. Internal reviews will be dealt within 20 working days. If at the end of this time we are unable to respond, we will write to you explaining the reasons and giving you a new date. If you seek an internal review please write to:
Louise Booth
Head of Corporate Legal Services (Core Services)
Head office
Trafalgar House
1 Bedford Park
Croydon
CR0 2AQ
Email: [email address]

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner (ICO) within two months of the reply for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by Land Registry. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours Sincerely,

Senior Corporate Information Officer
Corporate Legal and Assurance Services
Land Registry Head Office, 4th Floor, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ
GOV.UK | @LandRegGov | LinkedIn | Facebook

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Our email addresses have changed, the new format is [email address] which replaces [email address]

Land Registry is the definitive source of information for more than 24 million property titles in England and Wales. Since 1862 we have provided security and confidence in one of the most active property and mortgage markets in the world. We are working to support economic growth and data transparency as part of the Public Data Group. Find out more at www.gov.uk/land-registry

If you have received this e-mail and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

Mrs. S. Bownass

Dear Sondh, Gurmale,

Where are the figures for indemnity provisions and payouts for people who you have failed to register a pending creditor's bankruptcy petition in the pending actions register , who have been damaged by the failure of the Land Registry to notified them ?

Why are you registering bankruptcy orders without registering a pending action first ?

Yours sincerely,

Mrs. S. Bownass

Mrs. S. Bownass

Dear Land Registry,

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

I am writing to request an internal review of Land Registry's handling of my FOI request 'Land Registry indemnity provisions and payouts'.

Please review your answer to include the points raised on 30 June 2016.

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,

Mrs. S. Bownass

Sondh, Gurmale, Land Registry

Dear Mrs Bownass,

Thank you for your email of 4 July 2016 requesting an Internal Review of Land Registry's handling of your FOI request 'Land Registry indemnity provisions and payouts'.

Your request will be referred to one of our lawyers in the team and will be answered within twenty working days. If it appears that it will take longer than this to reach a conclusion, we will keep you informed.

If you have any queries about this letter, please do not hesitate to contact me.

Yours sincerely,

Senior Corporate Information Officer
Corporate Legal and Assurance Services
Land Registry Head Office, 4th Floor, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ
GOV.UK | @LandRegGov | LinkedIn | Facebook

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Sondh, Gurmale, Land Registry

Dear Mrs Bownass,

 

I am one of the lawyers in the Corporate Legal & Assurance Services Team.
I have been asked to respond to your request dated 4 July 2016 for an
internal review to be carried out following Land Registry’s response to
your request under the Freedom of Information Act 2000 dated 30 June 2016.

 

Your email of 23 June requested the following information under the
Freedom of Information Act 2000 (FOIA):-

 

(1) "Please confirm under the FOI Act what indemnity provisions the Land
Registry has in place that may be called upon for failure of the Chief
Land Registrar failing to register a bankruptcy petition and failing to
notify the registered proprietor before registering a bankruptcy order
restriction.

 

(2) Please provide the sums you have paid out in the last 5 years."

 

Having carried out my review, I am satisfied that in answer to (1) the use
of the exemption provided by 21 of the Freedom of Information Act 2000 is
appropriate. I direct you to the link provided in our response to Practice
Guide 39, and section 4 of that guide in particular, that explains
applications for indemnity. The guide relates to all applications for
indemnity and explains how to make a claim for indemnity if a loss has
been incurred as a result of a mistake or correction. I should emphasise
that there is no separate indemnity provision for the specific situation
to which you refer in (1) above. The part of the Land Registration Act
2002 that deals with indemnity is Schedule 8 and indemnity is only payable
if the claim falls within the provisions of Schedule 8.

 

I am also satisfied in respect of (2) above as we answered your question
in our response. I therefore uphold the decision made in our response to
you dated 30 June 2016.

 

In your email dated 30 June you also asked the following to be included in
the review:

 

Where are the figures for indemnity provisions and payouts for people who
you have failed to register a pending creditor's bankruptcy petition in
the pending actions register, who have been damaged by the failure of the
Land Registry to notified them ?

 

Why are you registering bankruptcy orders without registering a pending
action first?

 

My response to your additional points is as follows:

 

All indemnity claims are recorded internally in Land Registry using an
indemnity claim management system. We were able to answer your original
enquiry at (2) above from information on this log. The total indemnity
payments made in any financial year are also published in our Annual
Report and Accounts. The latest, available, report is for 2014/15 and can
be found on our website using the following link:

 

[1]https://www.gov.uk/government/publicatio...

 

There is nothing in the Land Registration Act 2002 or the Land
Registration Rules 2003 that require a bankruptcy notice in respect of a
pending action to be registered on a title before a bankruptcy restriction
can be registered to protect a bankruptcy order.

If the Insolvency Service or the court only notify Land Registry, via Land
Charges Department, of the bankruptcy order, the only entry Land Registry
can consider making on the registered title is a bankruptcy restriction to
protect the bankruptcy order.

 

This concludes my review. I hope I have been able to provide some clarity
around the queries that you have raised, however, if you are not content
with the outcome of the internal review, you have the right to apply
directly to the Information Commissioner within two months of this reply
for a decision.  The Information Commissioner can be contacted at:

 

Information Commissioner’s Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire SK9 5AF.

 

Yours sincerely,

 

Andrea Barr,

Lawyer

Corporate Legal & Assurance Services

 

 

From: Mrs. S. Bownass
[[2]mailto:[FOI #341547 email]]

Sent: 04 July 2016 18:29

To: _FOI email address <[3][email address]>

Subject: Internal review of Freedom of Information request - Land Registry
indemnity provisions and payouts

 

Dear Land Registry,

 

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

 

I am writing to request an internal review of Land Registry's handling of
my FOI request 'Land Registry indemnity provisions and payouts'.

 

Please review your answer to include the points raised on 30 June 2016.

 

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

 

Yours faithfully,

 

Mrs. S. Bownass

 

 

 

Our email addresses have changed, the new format is [email address] which replaces [email address]

Land Registry is the definitive source of information for more than 24 million property titles in England and Wales. Since 1862 we have provided security and confidence in one of the most active property and mortgage markets in the world. We are working to support economic growth and data transparency as part of the Public Data Group. Find out more at www.gov.uk/land-registry

If you have received this e-mail and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

References

Visible links
1. https://www.gov.uk/government/publicatio...
2. mailto:[FOI #341547 email]
3. mailto:[email address]
4. https://www.whatdotheyknow.com/request/l...

Mrs. S. Bownass

Dear Sondh, Gurmale,

There is nothing in the Land Registration Act 2002 or the Land Registration Rules 2003 that allows a bankrutpcy restriction in respect of a bankruptcy order to be registered after a bankruptcy notice for a pending action has failed to be registered on a title.

The Land Registry Chief Registrar should not consider registering a bankruptcy restriction when fully aware that the Land Registry has not been informed of a petition by the court and therefore would be unable to register a pending action and could not inform the Proprietor (B10) as required under the Land Registration Act 2002 and in the Land Registration Rules 2003 and the Insolvency Act 1986 and Insolvency Rules 1986 etc .
The Land Registry should be informing the Insolvency Service or court that the correct insolvency practices have not been followed.

On your point of indemnity payments and the Registrar's failure to perform his duty to register a pending action before registering a bankrutpcy restriction and failure to send out a B10 form before issuing a B11 form, are you stating that this would fall under Schedule 8 of the Land Registration Act 2002.

Yours sincerely,

Mrs. S. Bownass

Mrs. S. Bownass

Dear Sondh, Gurmale,

Please give me the curtesy of a reply to my email sent on the 14 July 2016 and provide clarification before this is forwarded to the ICO.

Yours sincerely,

Mrs. S. Bownass

Sondh, Gurmale, Land Registry

Dear Mrs Bownass,

Thank you for your email dated 26 July 2016 asking for a reply to your email sent on 14 July 2016. I am sorry to hear about this non reply but I am unable to trace your email of the 14 July on my records. Could you please arrange to forward this one again and steps will be taken to reply as soon as possible.

Yours sincerely,

Senior Corporate Information Officer
Corporate Legal and Assurance Services
Land Registry Head Office, 4th Floor, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ GOV.UK | @LandRegGov | LinkedIn | Facebook

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Dear Sondheim, Gurmale

Here is another copy of the email you requested because you are unable to trace it in your records.

Please reply asap.

Mrs. S. Bownass 14 July 2016

Dear Sondh, Gurmale,

There is nothing in the Land Registration Act 2002 or the Land Registration Rules 2003 that allows a bankrutpcy restriction in respect of a bankruptcy order to be registered after a bankruptcy notice for a pending action has failed to be registered on a title.

The Land Registry Chief Registrar should not consider registering a bankruptcy restriction when fully aware that the Land Registry has not been informed of a petition by the court and therefore would be unable to register a pending action and could not inform the Proprietor (B10) as required under the Land Registration Act 2002 and in the Land Registration Rules 2003 and the Insolvency Act 1986 and Insolvency Rules 1986 etc .
The Land Registry should be informing the Insolvency Service or court that the correct insolvency practices have not been followed.

On your point of indemnity payments and the Registrar's failure to perform his duty to register a pending action before registering a bankrutpcy restriction and failure to send out a B10 form before issuing a B11 form, are you stating that this would fall under Schedule 8 of the Land Registration Act 2002.

Yours sincerely,

Mrs. S. Bownass

Sondh, Gurmale, Land Registry

Dear Mrs Bownass,

Thank you for your email dated 7 August 2016 (Sunday) received on 8 August 2016 b requesting the following information under the Freedom of Information Act 2000 (FOIA):-

"There is nothing in the Land Registration Act 2002 or the Land Registration Rules 2003 that allows a bankrutpcy restriction in respect of a bankruptcy order to be registered after a bankruptcy notice for a pending action has failed to be registered on a title.

The Land Registry Chief Registrar should not consider registering a bankruptcy restriction when fully aware that the Land Registry has not been informed of a petition by the court and therefore would be unable to register a pending action and could not inform the Proprietor (B10) as required under the Land Registration Act 2002 and in the Land Registration Rules 2003 and the Insolvency Act 1986 and Insolvency Rules 1986 etc .
The Land Registry should be informing the Insolvency Service or court that the correct insolvency practices have not been followed.

On your point of indemnity payments and the Registrar's failure to perform his duty to register a pending action before registering a bankrutpcy restriction and failure to send out a B10 form before issuing a B11 form, are you stating that this would fall under Schedule 8 of the Land Registration Act 2002."

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered as soon as possible or within twenty working days.

In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.

If you have any queries about this letter, please do not hesitate to contact me.

Yours sincerely,

Senior Corporate Information Officer
Corporate Legal and Assurance Services
Land Registry Head Office, 4th Floor, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ
GOV.UK | @LandRegGov | LinkedIn | Facebook

================================================================================================================================

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Sondh, Gurmale, Land Registry

Dear Mrs Bownass

Thank you for your email of 14 July in which you have written:

There is nothing in the Land Registration Act 2002 or the Land Registration Rules 2003 that allows a bankruptcy restriction in respect of a bankruptcy order to be registered after a bankruptcy notice for a pending action has failed to be registered on a title.

The Land Registry Chief Registrar should not consider registering a bankruptcy restriction when fully aware that the Land Registry has not been informed of a petition by the court and therefore would be unable to register a pending action and could not inform the Proprietor (B10) as required under the Land Registration Act 2002 and in the Land Registration Rules 2003 and the Insolvency Act 1986 and Insolvency Rules 1986 etc .
The Land Registry should be informing the Insolvency Service or court that the correct insolvency practices have not been followed.

On your point of indemnity payments and the Registrar's failure to perform his duty to register a pending action before registering a bankruptcy restriction and failure to send out a B10 form before issuing a B11 form, are you stating that this would fall under Schedule 8 of the Land Registration Act 2002.

I assume that your email is in response to my previous letter to you of 14 July.

If that is the case I must correct your understanding or interpretation of what I said.

To clarify, I informed you in my letter:

There is nothing in the Land Registration Act 2002 or the Land Registration Rules 2003 that require a bankruptcy notice in respect of a pending action to be registered on a title before a bankruptcy restriction can be registered to protect a bankruptcy order.
If the Insolvency Service or the court only notify Land Registry, via Land Charges Department, of the bankruptcy order, the only entry Land Registry can consider making on the registered title is a bankruptcy restriction to protect the bankruptcy order.

I confirm that Schedule 8 of the Land Registration Act 2002 is the part of the Act that deals with indemnities. However, I made no reference in my letter in respect of indemnity and the Registrar’s failure to perform his duty. This is your interpretation or viewpoint, but not what I said in my letter.

I trust this clarifies matters.

Yours sincerely,

Senior Corporate Information Officer
Corporate Legal and Assurance Services
Land Registry Head Office, 4th Floor, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ GOV.UK | @LandRegGov | LinkedIn | Facebook

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Dear Sondh, Gurmale,

You have stated that my interpretation is wrong but have failed to provide information to confirm that your interpretation is correct. Please provide where it states in the Land Registration Act 2002 or the Land Registration Rules 2003 and the Insolvency Act 1986 and the Insolvency Rules 1986 that the Land Registry Chief Registrar /Land Charges Department can register a bankruptcy restriction without a pending bankrutpcy petition notice being registered first, and that must be registered prior to a bankruptcy order and a restriction being registered against the title.

Yours sincerely,

Mrs. S. Bownass

Sondh, Gurmale, Land Registry

Dear Mrs Bownass,

Thank you for your email of 9 August.

The process works as follows:

The registration of a bankruptcy petition or a bankruptcy order at Land Charges Department automatically results in a search of the Index of Proprietors’ names overnight. Where a match is found against either the exact name of the debtor or a recognised variation of it, a list (E383) of title numbers is produced electronically for inspection by The Land Registry Bankruptcy Unit (LRBU). The LRBU relies on what comes though on the E383 list as generated by Land Charges. Their role is to record what is sent though on the E383 list and that is down to the Courts.

The provisions of The Land Registration Act 2002 (LRA 2002) which require us to make entries on the registered title for applications received by us are as follows.

Under section 86(2), LRA 2002, where it appears that a sole registered proprietor of a registered estate or charge is the debtor in a bankruptcy application or petition, Land Registry must enter a bankruptcy notice in the title register.

If the debtor is subsequently the subject of a bankruptcy order, section 86(4) LRA 2002 requires us to enter a bankruptcy restriction in the register.

This means that if we receive notice of a PAB we must enter a notice in the register. If we receive notice of a WOB we must enter a restriction in the register. The LRA 2002 does not state that we have to have both PAB and WOB and in what order. The LRA 2002 states what we have to do with an application when it is received by us and this may be a PAB or a WOB or both.

Please also note that the Freedom of Information Act 2000 does not oblige Land
Registry to provide explanations or justifications of its practice and procedures.

I hope I have been able to provide some clarity around the queries that you have raised, however, if you are not content with the outcome of the internal review contained in my letter of 14 July and the clarifications contained in my email of 8 August and this email, you have the right to apply directly to the Information Commissioner within two months of this reply for a decision. The Information Commissioner can be contacted at:

Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF.

Yours sincerely

Andrea Barr

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Dear Sondh, Gurmale,

The Land Registry has still failed to provide confirmation that backs up your assumption of being granted the right to register a pending petition notice after a bankruptcy restriction being registered against the title.

There is no provisions of The Land Registration Act 2002 (LRA 2002) which states you can do so, please state the precise section of the legislation including the Insolvency Act 1986 and Insolvency rules 1986 that confirms otherwise.

Please also state where it says you are free to assume and interpretate the Insolvency law to suit the Land Registry, Courts and Official Receiver.

Yours sincerely,

Mrs. S. Bownass

Sondh, Gurmale, Land Registry

I will be away from the Office starting from Wednesday 14 September 2016
until Monday 19 September 2016.  My emails will be monitored from time to
time by my collaege Roger Pety in my absence. If the matter is urgent he
can be contacted on ext 67054 . For FOI matters use FOI email adddress -
[Land Registry request email]    Thanks

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

Dear Land Registry,

This is long overdue please provide an answer.

Yours faithfully,

Mrs. S. Bownass

Petty, Roger, Land Registry

1 Attachment

Dear Mrs S Bownass

This was answered on 9 August 2016. I enclose the reply again in case it did not reach you.

Yours sincerely

Roger Petty
Corporate Information Officer

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [Land Registry request email]
GOV.UK | @LandRegGov | LinkedIn | Facebook

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Petty, Roger, Land Registry

1 Attachment

Dear Mrs S Bownass

Here is a follow up reply sent on 14 October 2016.

Yours sincerely

Roger Petty
Corporate Information Officer

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [Land Registry request email]
GOV.UK | @LandRegGov | LinkedIn | Facebook

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