5/7/13
WOOD v GORBUNOVA [2013] EWHC 1935 (Ch)
Considers the status of court appointed receivers as officers of the court [25], when they may be personally liable for costs [26] and their right to an indemnity [37]. On an application by court appointed receivers for delivery up of documents by a deceased’s former solicitors, the solicitors had acted properly and were entitled to be paid their costs by the receivers. The receivers were refused an indemnity for one third of those costs and 15% of their own costs to reflect inappropriate conduct of the application.
24/6/13
JSC BTA BANK v USAREL INVESTMENTS LTD [2013] EWHC 1780 (Ch)
A court order appointing a receiver to defend a claim did not confer on the receiver power to bring an appeal or to bring proceedings for a contribution. The court refused to extend the receiver's powers for those purposes.
26/3/13
GLATT v SINCLAIR [2013] EWCA Civ 241
A receiver appointed under the Criminal Justice Act 1988 to manage an offender’s assets is entitled to be indemnified from the assets of the receivership estate for remuneration, disbursements and expenses in respect of work done to conclude the receivership after the order appointing him is discharged. The receiver’s lien may continue for that purpose and the receiver remains subject to the court’s supervisory jurisdiction.
14/3/13
BARCLAY PHARMACEUTICALS LTD v WAYPHARM LP [2013] EWHC 503 (Comm)
The respondent stood no real prospect of claiming that a receiver appointed by the court over a company had caused the company to go into liquidation by acting in breach of duty. On the assumption that the respondent had been the beneficial owner of the company, he had a sufficient interest to bring the claim, but the evidence showed the company had been hopelessly insolvent before the appointment.
8/10/12
JSC BTA BANK v ABLYAZOV [2012] EWHC 2698 (Comm)
Where there was a dispute as to whether a company’s directors had been validly appointed and whether they had authority to provide instructions for the conduct of the company’s defence to legal proceedings, the court could appoint a receiver to represent the company for the purpose of the legal proceedings.
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