Receivership in UK Law

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Leading Cases
  • Capewell v HM Revenue and Customs
    • House of Lords
    • 31 January 2007

    It has always been a basic principle of receivership that the receiver is entitled to be indemnified in respect of his costs and expenses, and his remuneration if he is entitled to be remunerated, out of the assets in his hands as receiver. Warrington J stated the principle in a well-known passage in Boehm v Goodall [1911] 1 Ch 155, 161:

    I have set out the decision in Hughes at some length because it does in my opinion state clearly and correctly the somewhat opaque relationship between the general law of receivership and the detailed provisions of CJA 1988. The real issue in this appeal is not whether Hughes was rightly decided, but whether it is no longer good law as a result of the coming into force of CPR 69.7.

    In my opinion CPR 69.7 has not had that far-reaching and surprising result. The function of CPR 69 is to set out a procedural code applicable to the generality of receiverships of all types. Its text gives no indication that its draftsman had particularly in mind the new species of receiverships in support of restraint orders and confiscation orders.

    A receiver takes on heavy responsibilities when he accepts appointment, and he is entitled to the security of knowing that the terms of his appointment will not be changed retrospectively—even if an appellate court later decides that the receivership should have been terminated at an earlier date.

  • Sinclair v Glatt and Others
    • Court of Appeal (Civil Division)
    • 13 March 2009

    It is now settled that such a receiver, like a receiver at common law, is entitled to recover his remuneration, costs and expenses from the assets which he has been appointed to receive (“the receivership assets”). That is so whether or not he ought to have been appointed in the first place or the order appointing him has been discharged, see Mellor v Mellor [1992] 1 WLR 517.

  • Powdrill and Another v Watson and Another ; Talbot and Another v Cadge and Another ; Talbot and Another v Grundy and Another
    • House of Lords
    • 16 March 1995

  • Gomba Holdings U.K. Ltd v Minories Finance Ltd
    • Court of Appeal (Civil Division)
    • 29 July 1988

    The result is that the receiver, in the course of the receivership, performs duties on behalf of the debenture holder as well as the mortgagor. And these duties may relate closely to the affairs of the entity which is the subject of the receivership.

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Books & Journal Articles
  • Receivership
    • Contents
    • Law of Insolvent Partnerships and Limited Liability Partnerships
    • Elspeth Berry/Rebecca Parry
    • 185-264
  • Communications: Annual Report 1999
    • No. 78-3, September 2000
    • Public Administration
    When the Royal Institute of Public Administration (RIPA) owned Public Adminis‐tration, the editors always reported annually on the journal’s fortunes. The practice lapsed when the RIPA went into re...
    ... ... The practice lapsed when the RIPA went into receivership. Now, with the launch of the journal as a European journal of public administration, we thought it was a good idea to reintroduce an annual report ... ...
  • GRANT ADAMS V THE QUEEN
    • No. 3-2, February 1995
    • Journal of Financial Regulation and Compliance
    • 191-199
    This appeal to the Judicial Committee of the Privy Council (JCPC), which is still the highest court of appeal for certain Commonwealth jurisdictions, concerned conduct associated with the Equiticor...
    ... ... On 22nd January, 1989, the whole group was placed into statu-tory receivership and the shares in EHL became worthless. The chair-man of the Board of EHL and managing director, a Mr Hawkins, along with companies associated with ... ...
  • WHAT HAPPENED TO THE RIPA?
    • No. 71-4, December 1993
    • Public Administration
    The financial history of the RIPA from its incorporation as a company in 1976 to 1989 was a volatile one; but there had been sufficient good years to justify cautious optimism as we entered 1990/91...
    ... ... The Council had no alternative but to proceed to receivership. As I hope most people now know the Royal Institute of Public Administration, after a distinguished history spanning seventy ... ...
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Law Firm Commentaries
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Forms
  • Apply to become someone's deputy (make a declaration)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... partnership or otherwise) been subject to a recognised insolvency regime ... (e.g. voluntary arrangement, winding-up, administration, receivership, ... administrative receivership)? ... If Yes, please provide details ... Have you been the subject of a declaration under section 213 (fraudulent ... ...
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