header-logo header-logo

Home Login E-newsletter About us

The (messy) law of receivership

© Copyright LexisNexis 2025. All Rights Reserved.
31 October 2019 / Caroline Shea KC , Gavin Bennison
Issue: 7862 / Categories: Features , Property
printer mail-detail
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

Read All
Sponsored by
Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

NEWS
Read All
NLJ this week: Traders’ convictions quashed in Libor shock
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
NLJ this week: Small firms call for tech clarity as AI looms
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
NLJ this week: Trans pool player loses discrimination fight
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
NLJ this week: Pro bono power without the red tape
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
NLJ this week: Fraud claims climb as courts brace for AI threats
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
Copyright © 2025 LexisNexis
back-to-top-scroll