||All England Reporter
|| All ER (D) 128 (Sep)
|| EWHC 2123 (Ch)
Hazel Marshall QC sitting as a Deputy Judge of the High Court
||James Dawson (instructed by DWF LLP) for the claimant.
||Jonathan Lopian (instructed by the Treasury Solicitor) for the defendant.
||2 September 2009
Statutory duty - Breach - Cause of action - Filing of bankruptcy petition - Failure by Court Service to notify Chief Land Registrar - Whether Court Service under statutory duty to make notification - Whether cause of action subsisting - Insolvency Rules 1986 6.13 - s 412
Statutory duty Breach. The Chancery Division held that the issue of whether a provision of primary legislation which conferred a power to make subordinate legislation authorised the creation of duties sounding in damages for breach depended upon the true construction of the rule-making power and the particular subordinate provision. On that basis, the Insolvency Rules did impose statutory duties on the Chief Land Registrar as the Lord Chancellor, pursuant to the had the rule-making power to create actionable duties sounding in damages if and where that should appear necessary in order to achieve the stated objective of the rule-making power.
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