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Joshua
Joshua, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 29199
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If Insolvency Practitioner who is acting as a trustee in

Customer Question

If Insolvency Practitioner who is acting as a trustee in bankruptcy of someone who is a property owner to be indemnified from Land Registry Indemnity fund on case to case basis, what would be the most likely reasons?
Submitted: 9 days ago.
Category: Bankruptcy Law
Expert:  Virtual-mod replied 9 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Joshua replied 7 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

are you able to kindly provide a little more context as regards ***** ***** for your question please? It can be rather difficult to answer abstract questions such as this as it can be difficult to know what information you are seeking precisely. In particular, do you ask on behalf of the IP or bankrupt and what is the reason for the expectation of indemnity from the Land Registry - what error have they allegedly made?

Expert:  Joshua replied 7 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms the most common reason for indemnity in respect of a claim against the land registry is due to land registry error. This is most commonly a result of a mistake made by land registry officer when registering a title, either due to loss of the documents or due to failing to note all of the provisions of that particular document on a title.

I presume in this case, you are fully aware of the basis for a potential claim against the land registry so I will not expand upon the above further. If a bankrupt is entitled to indemnity from the land registry, then that entitlement passes to the trustee in bankruptcy if that individuals made bankrupt and the trustee would be entitled to make a claim for indemnity in the bankrupt's stead

Expert:  Joshua replied 6 days ago.

I hope the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.