What does Receiver mean? A receiver is an office-holder appointed by a secured creditor to take control of charged assets (or, at times, the whole business) to collect income and realise value for debt repayment. The label is used across contexts; the role and powers depend on statute and the security document. Two main types arise. Administrative receivers (defined in the Insolvency Act 1986 in Great Britain and in equivalent Northern Ireland legislation) are appointed under a floating charge over the whole or substantially the whole of a company’s undertaking and may manage and sell the business. In England & Wales and Scotland, the Enterprise...
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This Practice Note considers receivers appointed under the Law of Property Act 1925 (LPA 1925) or by an express power in a charge (for ease of reference, both are referred to in this Practice Note as LPA receivers, or simply receivers). This Practice Note does not address administrative receivers, nor receivers appointed by the court.
A receiver’s principal task is the collection and application of monies that come to them during their appointment. The factual circumstances may, in practice, be straightforward or intricate, depending on the nature of the property over which the receiver is appointed, the powers conferred by the mortgage deed under which the receiver is appointed, and the appropriate steps the receiver must take to maximise the return to the appointing mortgagee.
A receiver, as a general rule, ordinarily controls the property in question for which they are appointed, but not the mortgagor’s wider business as a whole (even where that property makes up most of the business). A receiver generally acts as the mortgagor’s agent (unless that agency is terminated, for instance on the liquidation of a corporate mortgagor or the bankruptcy of an individual mortgagor—see Practice Note: Effect of bankruptcy or...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...