Carvill-Biggs & Anor v Reading [2025] EWCA Civ 619 (13 May 2025)

Carvill-Biggs & Anor v Reading [2025] EWCA Civ 619 (13 May 2025)

Section 234 Insolvency Act 1986 does not permit administrators to obtain possession of mortgaged property where receivers have been appointed and the company has no entitlement to possession; the only property available is the equity of redemption, not the land itself.

Citation
[2025] EWCA Civ 619
Parties
Applicant/respondent: Simon Carvill-Biggs; Applicant/respondent: Miles Andrew Needham; Company: Rose Cottage Farm Limited; Respondent/appellant: Ashley Valentine Reading
Jurisdiction
England and Wales
Judgment Date
13 May 2025
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; possession order set aside.
Legal Topics
Administration, Mortgage, Possession Proceedings, Fixed Charge Receivers, Section 234 Insolvency Act, CPR 55 Procedure
Insolvency Property Law Civil Procedure Administration Mortgage Possession Proceedings Fixed Charge Receivers Section 234 Insolvency Act +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Simon Carvill-Biggs

Applicant/respondent

Miles Andrew Needham

Applicant/respondent

Rose Cottage Farm Limited

Company

Ashley Valentine Reading

Respondent/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether administrators can obtain possession of mortgaged property under section 234 Insolvency Act 1986 when receivers have been appointed
  2. 2 Applicability of CPR 55 to insolvency possession applications
  3. 3 Abuse of process by duplicative proceedings

Ratio Decidendi

Section 234 Insolvency Act 1986 does not permit administrators to obtain possession of mortgaged property where receivers have been appointed and the company has no entitlement to possession; the only property available is the equity of redemption, not the land itself.

Court Disposition

Appeal allowed; possession order set aside.

Orders

  • Judge’s order for possession set aside.
  • No effect on ongoing Bromley Proceedings.