header-logo header-logo

31 October 2019 / Caroline Shea KC , Gavin Bennison
Issue: 7862 / Categories: Features , Property
printer mail-detail

The (messy) law of receivership

Caroline Shea QC & Gavin Bennison help unravel the complex triage that is receivers, agency & possession
  • The position pre-Menon: the facts.
  • The decision in Menon.
  • Reflection and practical implications.

The law of receivership can be fiendishly difficult to make sense of. That is not just an academic issue: the ‘messiness’ of receivership creates daily challenges for lawyers acting for and against receivers in the courts. Often, cases that ought to be routine and straightforward become bogged down in legal argument.

Thankfully, on 7 October 2019 Mr Justice Mann made things a lot easier for practitioners by resolving one of the biggest issues in the law of receivership: can a receiver who is appointed under a mortgage of property owned by an individual mortgagor claim possession of the property from that individual by suing in his or her own name as receiver? The case was Menon & Menon v Pask & Goode [2019] EWHC 2611 (Ch), [2019] All ER (D)

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll