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New practice direction removes need for RCJ Searches before petitioning for bankruptcy.


New practice direction removes need for RCJ Searches before petitioning for bankruptcy.

A new practice direction on insolvency proceedings came in to force on 29th July 2014 concerning the searches required before issuing a bankruptcy petition.

Petitioning Creditors are no longer required to undertake searches at the Royal Courts of Justice or the debtors local county court, they should now conduct an official search with the Chief Land Registrar

The updated practice direction states:-

‘14.3 Searches

14.3.1 The petitioning creditor shall, before presenting a petition, conduct an Official Search with the Chief Land Registrar in the register of pending actions for pending petitions presented against the debtor and shall include the following certificate at the end of the petition:


“I/we certify that within 7 days ending today I/we have conducted a search for pending petitions presented against the debtor and that to the best of my/our knowledge information and belief [no prior petitions have been presented which are still pending] [a prior petition (No [    ]) has been presented and is/may be pending in the [  Court] and I/we am/are issuing this petition at risk as to costs].

Signed….. Dated….”.’

Please click the link below for the full practice directions.

www.justice.gov.uk/courts/procedure-rules/civil/rules/insolvency_pd#14.3

Official searches are available for only £2.00 each directly from HM Land Registry.

Tremark Associates offer a range of court counter services, process serving and investigative services around the full UK, for further information on any of our services please call us on 0845 862 1853 or email investigations@tremark.co.uk


About The Author

Mark Hodgson

Mark Hodgson is the Managing Director of Tremark Associates, one of the UK’s leading providers of investigative services. Mark has 30 years experience in private Investigations and the commercial debt recovery industries. He is Vice President of the Association of British Investigators, a member of the World Association of Detectives, The Institute of Credit Management and an associate member of R3 -The Association of Business Recovery Profession.


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