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Administration of estates

24 May 2013
Issue: 7561 / Categories: Case law , Law digest , In Court
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Joint Stock Company “Aeroflot Russian Airlines” v Berezovsky and others [2013] EWHC 1210 (Ch), [2013] All ER (D) 158 (May)

The court had jurisdiction to appoint a receiver in relation to an estate where there was no current representative. That jurisdiction was conferred by s 37 of the Senior Courts Act 1981. A typical case where the jurisdiction was appropriate to be exercised was where the estate was entitled to an income but, in the absence of the receiver, there was no-one to collect it. Alternatively, the estate had liabilities which needed to be serviced on a continuing basis and if there was neglect in that respect, then a third party could claim a forfeiture or enforce a security depriving the estate permanently of a valuable asset.

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