Menon & Anor v Pask & Ors [2019] EWHC 2611 (Ch) (07 October 2019)

Menon & Anor v Pask & Ors [2019] EWHC 2611 (Ch) (07 October 2019)

Receivers appointed under a mortgage over property owned by individuals have the right to claim possession against the mortgagor in their own name, due to the special nature of their agency and the commercial purpose of the receivership. Furthermore, the court's discretion under section 36 of the Administration of Justice Act 1970 applies to such claims, as receivers derive title from the mortgagee for these purposes.

Citation
[2019] EWHC 2611 (Ch)
Parties
Appellant/defendant: Kavesseri Veetil Pradeep Menon; Appellant/defendant: Beena Menon; Respondent/claimant: Nathan Pask and Rosalind Goode (as Joint Fixed Charge Receivers)
Jurisdiction
England and Wales
Judgment Date
07 October 2019
Procedural Posture
Chancery Appeal / Appeal From County Court Possession Order
Outcome
Appeal allowed in part
Legal Topics
Receivership, Possession Proceedings, Agency, Section 36 Administration of Justice Act 1970, Law of Property Act 1925, Contracts (rights of Third Parties) Act 1999
Property Law Mortgage Law Civil Procedure Receivership Possession Proceedings Agency Section 36 Administration of Justice Act 1970 Law of Property Act 1925 +1 more

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Parties

Kavesseri Veetil Pradeep Menon

Appellant/defendant

Beena Menon

Appellant/defendant

Nathan Pask and Rosalind Goode (as Joint Fixed Charge Receivers)

Respondent/claimant

Procedural Posture

Chancery Appeal / Appeal From County Court Possession Order

Legal Issues

  1. 1 Whether receivers appointed under a mortgage over property owned by individuals can claim possession against the mortgagors in their own name
  2. 2 Whether the court has discretion under section 36 of the Administration of Justice Act 1970 to postpone possession when the claim is brought by receivers rather than the mortgagee

Ratio Decidendi

Receivers appointed under a mortgage over property owned by individuals have the right to claim possession against the mortgagor in their own name, due to the special nature of their agency and the commercial purpose of the receivership. Furthermore, the court's discretion under section 36 of the Administration of Justice Act 1970 applies to such claims, as receivers derive title from the mortgagee for these purposes.

Court Disposition

Appeal allowed in part

Orders

  • Receivers entitled to claim possession against the mortgagors in their own name
  • Court's discretion under section 36 Administration of Justice Act 1970 applies; matter of discretion to be determined at a consequentials hearing