header-logo header-logo

Company

06 December 2013
Issue: 7587 / Categories: Case law , Law digest , In Court
printer mail-detail

BAT Industries PLC v Windward Prospects Ltd [2013] EWHC 3612 (Comm), [2013] All ER (D) 265 (Nov)

The court had jurisdiction to appoint a receiver under s 37(1) of the Senior Courts Act 1981 in all cases in which it appeared to the court to be just and convenient to do so. In the context of receivers, s 37(1) was not to be taken as conferring an “unfettered power”. The demands of justice were the overriding consideration in considering the scope of the jurisdiction under s 37(1). A receiver by way of equitable execution might be appointed over an asset whether or not the asset was presently amenable to execution at law; and the jurisdiction to appoint receivers by way of equitable execution could be developed incrementally to apply old principles to new situations. 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll