St John Poulton’s Trustee in Bankruptcy v Ministry of Justice

Subject Matter

NEGLIGENCE — Duty of care to whom? — Trustee in bankruptcy — Court's statutory duty to send notice of bankruptcy petition to Chief Land Registrar and request registration of petition in register of pending actions — Court failing to fulfil duty — Bankrupt selling land — Trustee in bankruptcy unable to recover proceeds of sale for estate — Whether court liable to trustee in negligence

[2011] Ch 1; [2010] 3 WLR 1237

BANKRUPTCY — Bankruptcy petition — Duty of court — Presentation of bankruptcy petition — Court's statutory duty to send notice of petition to Chief Land Registrar and request registration of petition in register of pending actions — Court in breach of duty — Whether breach giving rise to private right of action against court — Insolvency Rules 1986, r 6.13

[2011] Ch 1; [2010] 3 WLR 1237

NEGLIGENCE — Duty of care — Trustee in bankruptcy — Court's statutory duty to send notice of bankruptcy petition to Chief Land Registrar and request registration of petition in register of pending actions — Court failing to fulfil duty — Bankrupt selling land — Trustee in bankruptcy unable to recover proceeds of sale for estate — Whether court liable to trustee in negligence

[2011] Ch 1; [2010] 3 WLR 1237

STATUTORY DUTY — Breach — Civil right, whether created — Court's statutory duty to send notice of bankruptcy petition to Chief Land Registrar and request registration of petition in register of pending actions — Court in breach of statutory duty — Bankrupt selling land — Trustee in bankruptcy unable to recover proceeds of sale for estate — Whether breach giving trustee private right of action against court — Insolvency Rules 1986, r 6.13

[2011] Ch 1; [2010] 3 WLR 1237

Appellate History