Receivership in UK Law

  • Keith Panter (Petitioning Creditor) v Rowellian Football Social Club and Others
    • Chancery Division
    • 20 Mayo 2011
    ... ... In paragraph 32 he pointed out that Mummery J's approach very much depended on his view that the administrative receivership regime was intended to build on and strengthen the non-statutory contractual system. He distinguished Re International Bulk Carriers on two grounds ... ...
  • Medforth v Blake
    • Court of Appeal (Civil Division)
    • 26 Mayo 1999
    ... ... the facts pleaded in the Amended Statement of Claim and Reply:— (1) Did the Defendants in the course of the receivership of the plaintiff's farm owe to the plaintiff only a duty of good faith when — (a) exercising their powers of sale; and/or (b) ... ...
  • Williams and Humbert Ltd v W. & H. Trade Marks (Jersey) Ltd
    • House of Lords
    • 12 Diciembre 1985
  • Re Atlantic Computer Systems Plc
    • Court of Appeal (Civil Division)
    • 25 Julio 1990
    ... ... any liabilities such as rates or taxes which arise from such use or realisation, are to be treated as an expense of the winding up or receivership and paid accordingly. Where the use or realisation is based upon a contractual right, the proper price is that provided for by the contract. I ... ...
  • Silven Properties Ltd v Royal Bank of Scotland Plc
    • Court of Appeal (Civil Division)
    • 21 Octubre 2003
    ... ... 9 When they began their receivership, the Receivers adopted the strategy of investigating the possibility of adding value to some of the mortgaged properties by obtaining planning ... ...
  • Leyland Daf Ltd, Re sub nom Buchler v Talbot
    • House of Lords
    • 04 Marzo 2004
    ... ... 6 The receivers proceeded to realise the assets comprised in the charges. They paid the receivership preferential creditors, totalling £8m. They made substantial interim distributions to Ofasec, the debenture holder. The receivers now hold, from ... ...
  • Kavesseri Veetil Pradeep Menon v Nathan Pask and Rosalind Goode (as Joint Fixed Charge Receivers)
    • Chancery Division
    • 07 Octubre 2019
    ... ... – does a fixed charge receiver with the benefit of a power to take possession under the usual modern form of mortgage providing for receivership and for receivers to be the agents of the mortgagor, entitle the receiver to get possession as against an individual (non-corporate) ... ...
  • Derby & Company Ltd v Weldon (No. 6)
    • Court of Appeal (Civil Division)
    • 10 Mayo 1990
    ... ... The other, and more fundamental, was whether, as the plaintiffs claim, the deendants should be ordered to cause or procure the receivership assets to be transferred out of Switzerland and/or into the control of the Receiver. For reasons which will appear, there are the two objectives, (1) ... ...
  • Capewell v HM Revenue and Customs
    • House of Lords
    • 31 Enero 2007
    ... ... This order was made under section 77(8) of CJA 1988. Paragraph (3) of the order provided: "The costs of the Receivership shall be paid in the Receivership in accordance with the letter of agreement as exhibited to the witness statement of Colin Jones made on this the ... ...
  • 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 Marzo 1995
    ... ... it is in the interests of the secured creditor that the whole or part of the company's business should continue, notwithstanding the receivership, so that it can be sold as a going concern rather than on a break-up basis. For this purpose it is necessary for the company, acting by the receiver, ... ...
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