‘Jonathan Upton looks at the recent case of Alma Property Management Ltd v Crompton which illustrates the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly.’
Tanfield Chambers, 28th September 2023
Source: www.tanfieldchambers.co.uk
‘If the court gives its blessing in respect of a decision taken by an office-holder, does the court’s approval mean that the office-holder is immune from any subsequent challenge to that decision? If so, to what extent? Is it blanket immunity? Those are the questions which this article will address following the Court of Appeal’s decision in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752.’
Guildhall Chambers, 15th September 2023
Source: www.guildhallchambers.co.uk
‘The Court of Appeal has gone back to a Roman legal scholar from AD 161 to help determine who owned fish in a lake in Lancashire after it was sold.’
Litigation Futures, 18th June 2020
Source: www.litigationfutures.com
‘The Covid-19 crisis, and the Government’s containment measures, have had an extraordinary effect on business and society. This article looks at the legal implications for receiverships, focussing on the effect on existing receiverships.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘Two companies have lost their claim for group relief where the surrendering company went into receivership. The Court of Appeal said that when the receivers were appointed the shareholders of the surrendering company lost control, which meant that group relief was denied.’
OUT-LAW.com, 27th February 2019
Source: www.out-law.com
‘Blackpool have been put into receivership so the club can be sold and the proceeds used to pay off some of the £22m owed by their owners, the Oyston family, to the Latvian banker Valeri Belokon, a court has ordered.’
The Guardian, 13th February 2019
Source: www.theguardian.com
‘The High Court has found that a lender must be rational when exercising its contractual discretion to charge collection fees under a receivables finance agreement. The agreement allowed for fees of up to 15%, however, the maximum chargeable for the lender to remain compliant with its duty was found, in this case, to be 4%.’
OUT-LAW.com, 1st august 2017
Source: www.out-law.com
‘Not Albert Square, but it could be. The Crown Prosecution Service suspect two individuals of a massive duty/VAT fraud in their cash and carry businesses. The CPS go to the Crown Court (in the absence of the individuals) and get an order to appoint a receiver (i.e. a paid manager) to run the affairs of companies (Eastenders) in which the individuals are involved, as well as a restraint order against the individuals. Both receivership and restraint orders are set aside some months later by the Court of Appeal, on the basis that the HMRC investigator’s statements were largely “broad and unsupported assertions”. Problem: by then the receiver had run up £772,547 in fees.’
UK Human Rights Blog, 15th May 2014
Source: www.ukhumanrightsblog.com
Supreme Court, 8th May 2014
‘Where the tenant of a long lease became bankrupt, a notice claiming to exercise the right of enfranchisement, pursuant to Part I of the Leasehold Reform Act 1967, served in the name of the bankrupt tenant by a receiver, appointed by a sub-chargee of the property, was invalid as by the time the notice was served the tenant was no longer the tenant as his tenancy had vested in his trustee in bankruptcy.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Glatt v Sinclair (Glatt and others intervening) [2013] EWCA Civ 241; [2013] WLR (D) 134
“A court had power to make an order permitting a receiver appointed by the court under the Criminal Justice Act 1988 to recover remuneration, disbursements and expenses for work done relating to the receivership once the receivership order had been discharged.”
WLR Daily, 26th March 2013
Source: www.iclr.co.uk
“Where restraint orders under the Proceeds of Crime Act 2002 were later set aside, the remuneration and expenses of the management receiver appointed under those orders were not recoverable either out of the assets of the companies to which the restraint orders related or from the Crown Prosecution Service.”
WLR Daily, 23rd November 2012
Source: www.iclr.co.uk
Regina v Windsor and others [2011] EWCA Crim 143; [2011] WLR (D) 41
“On an appeal against the making of restraint and receivership orders under Part 2 of the Proceeds of Crime Act 2002 the Court of Appeal has power to suspend the effect of its final order.”
WLR Daily, 9th February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Pitt and another v Holt and another [2010] WLR (D) 2
“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”
WLR daily, 19th January 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
B v N (A and S, Third Parties) [2009] EWHC 2884 (Admin); [2009] WLR (D) 340
“The court’s power under s 80(4) of the Criminal Justice Act 1988 (now repealed) to order ‘any person having possession of realisable property’ to give possession to a receiver did not empower the court to make such an order against tenants protected by contract and/or statute whose interests had not been determine by a court order.”
WLR Daily, 23rd November 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re Dairy Farmers of Britain Ltd [2009] EWHC 1389 (Ch); [2009] WLR (D) 201
“Parliament intended that Parts I and II of the Insolvency Act 1986 should not apply to an industrial and provident society (‘IPS’), and there was no reason for adopting a different approach to Part III of the Act, either generally or with specific reference to s 72A of the Act. Further, section 37 in Part III of the Act could have no specific application to receivers of an IPS.”
WLR Daily, 19th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Sinclair and Another v Glatt and Others
Court of Appeal
“A court-appointed receiver could have a lien on the property held in a convict’s name even though he had only a bare legal interest in it. A pending financial relief claim of the former wife of the convict had no priority over the receiver’s lien.”
The Times, 16th April 2009
Source: www.timesonline.co.uk
Sinclair v Glatt and others [2009] EWCA Civ 176; [2009] WLR (D) 97
“A receiver appointed pursuant to s 77 of the Criminal Justice Act 1988 to get in the assets of a convicted money launderer was entitled to recover his remuneration, costs and expenses from the realisable assets caught by the order. That right extended to assets to which the convicted person had legal title but which were beneficially owned by someone else.”
WLR Daily, 16th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
Masri v Consolidated Contractors International UK Ltd and Others (No 2)
Court of Appeal
“The court had the power to appoint a receiver by way of equitable execution over future receipts from a defined asset.”
The Times, 22nd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.
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