Receivership in UK Law
Capewell v HM Revenue and Customs
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 , 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
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  1 WLR 517.
Powdrill and Another v Watson and Another ; Talbot and Another v Cadge and Another ; Talbot and Another v Grundy and Another
In my judgment as Mr. Sumption submitted adoption in sections 19 and 44 can only connote some conduct by the administrator or receiver which amounts to an election to treat the continued contract of employment with the company as giving rise to a separate liability in the administration or receivership. In my judgment as Mr. Sumption submitted adoption in sections 19 and 44 can only connote some conduct by the administrator or receiver which amounts to an election to treat the continued contract of employment with the company as giving rise to a separate liability in the administration or receivership.
Gomba Holdings U.K. Ltd v Minories Finance Ltd
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.
- The Insolvency (Scotland) (Receivership and Winding up) Rules 2018
- The Insolvency (Scotland) (Receivership and Winding up) (Amendment) Rules 2021
The Insolvency (England and Wales) Rules 2016
....... (3) These Rules do not apply to receivers appointed under section 51 (Scottish receivership). . Transitional and savings provisions . 4. The transitional and savings provisions set out in Schedule 2 have effect. . Power of the Secretary ......
- Crown Court (Confiscation, Restraint and Receivership) Rules 2003
Communications: Annual Report 1999
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
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?
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 ......
Case study illustrations of a scorecard to measure IT strategy improvements in UK SMEs
Purpose: The purpose of this paper is to demonstrate a means of measuring information technology (IT) strategy improvements in small to medium‐sized enterprises (SMEs). Design/methodology/approach.........The company that made negligible improvement went into receivership 12 months aftercompletion of the study.Research limitations/implications – The key limitations were that only eight companies wereprepared to ......
- Disposal Of Assets To Discharge Debt Ahead Of Enforcement By Receivership
At Her Majesty‘s Pleasure? Directors of ‘can pay, won‘t pay’ award debtors face the prospect of an extended stay in England should they choose to defy a receivership order granted by the English Court in aid of enforcement.
The grant by Males J of an order for the appointment of receivers by way of equitable execution in relation to foreign assets held by two arbitration award debtors, Unitech Limited (”Unitech”) and ...
Tenants 3 - 0 Landlords: Another Decision On Payment In Lieu Of Repairs
......  CSIH 43 and @SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd  CSOH 137 - Mapeley Acquisition Co (3) Limited (In Receivership) v City of Edinburgh Council  CSOH 29. Again, the court found that the landlord's entitlement to demand payment in lieu of repairs did not ......
Marking your letter “subject to contract”: what does the label mean? Recent English Court of Appeal judgment
It is not uncommon to start a correspondence with a “subject to contract” label. But what does this mean? What is its legal effect?
.... . . The meaning of a company being ‘in administration’ or ‘in receivership’ given by ITA07/S252for EIS relief applies also for the purposes of the trading requirement in the context of Share Loss Relief. The terms are ......
.... . . ITA07/S292. Effect of administration or receivership. When a company goes into administration or receivership its directors lose most of their powers. The person who is able to exercise those powers ......
.... . . This subject is presented as follows. Companies outside the charge to CT. Companies in receivership, administration, administrative receivership or liquidation. Members clubs and voluntary associations. Companies struck off . Companies outside the ......
...... . . CISR18600. Action guide contents. . . . . . . . Where a company goes into receivership, its day-to-day management may remain in the hands of its directors or be taken over by the receiver. Where the receiver takes over the company’s ......