header-logo header-logo

12 April 2013
Issue: 7555 / Categories: Case law , Law digest , In Court
printer mail-detail

Insolvency

Sinclair v Glatt and others [2013] EWCA Civ 241, [2013] All ER (D) 295 (Mar)

It was settled law that receivers appointed under the Criminal Justice Act 1988 (CJA 1988) were officers of the court and subject to the supervision of the court. Receivers so appointed generally acted in accordance with the common law, save to the extent that CJA 1988 stipulated otherwise. It was an established common law principle that such a receiver ordinarily was entitled to look to the assets of the receivership estate to indemnify him for his remuneration, costs and expenses, and might have a lien over such assets for that purpose. Further, the right to an indemnity was not extinguished by discharge of the receivership order and the lien could continue to exist for that purpose after discharge. In addition, where a receivership order made under CJA 1988 was discharged, the receiver continued to be an officer of the court to the extent that he still had functions to perform with a view to a final conclusion of the administration of the receivership.

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll