Tracs (Engineering) Ltd v Sampson & Ors [2001] EWCA Civ 1388 (26th July 2001)

Tracs (Engineering) Ltd v Sampson & Ors [2001] EWCA Civ 1388 (26th July 2001)

Appointment of a receiver was inappropriate and disproportionate given the effectiveness of existing freezing orders and financial monitoring, the limited profit at stake, and the risk of disrupting contract performance; interim remedies short of receivership were sufficient to protect claimant's interests.

Citation
[2001] EWCA Civ 1388
Parties
Respondent/claimant: TRACS (Engineering) Ltd; Applicant/defendant: Sampson & Ors
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal Against Order Appointing Receiver
Outcome
Appeal allowed; order appointing receiver discharged; monitoring provisions continued.
Legal Topics
Appointment of Receiver, Freezing Injunction, Breach of Fiduciary Duty, Interim Remedies
Company Law Equity Civil Procedure Appointment of Receiver Freezing Injunction Breach of Fiduciary Duty Interim Remedies

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

TRACS (Engineering) Ltd

Respondent/claimant

Sampson & Ors

Applicant/defendant

Procedural Posture

Civil Appeal / Appeal Against Order Appointing Receiver

Legal Issues

  1. 1 Whether appointment of a receiver over PWME Ltd was just and convenient under section 37 of the Supreme Court Act 1981
  2. 2 Whether interim remedies short of receivership were sufficient to protect claimant's interests

Ratio Decidendi

Appointment of a receiver was inappropriate and disproportionate given the effectiveness of existing freezing orders and financial monitoring, the limited profit at stake, and the risk of disrupting contract performance; interim remedies short of receivership were sufficient to protect claimant's interests.

Court Disposition

Appeal allowed; order appointing receiver discharged; monitoring provisions continued.

Orders

  • Application for permission to appeal granted.
  • Appeal allowed.