Dayman v Aziz [2008] EWHC 2244 (Ch) (16 July 2008)

Dayman v Aziz [2008] EWHC 2244 (Ch) (16 July 2008)

CPR 69.7 does not preclude a court-appointed receiver from receiving remuneration in the absence of an explicit order, as the general law of receivership entitles receivers to be remunerated out of the assets under their control unless statute expressly provides otherwise.

Citation
[2008] EWHC 2244 (Ch)
Parties
Claimant: Dayman; Defendant: Aziz
Jurisdiction
England and Wales
Judgment Date
16 July 2008
Procedural Posture
Civil / Preliminary Issue Hearing
Outcome
Judgment for the claimant
Legal Topics
Receiver's Remuneration, Lien Over Property, Interpretation of CPR 69.7
Civil Procedure Receivership Receiver's Remuneration Lien Over Property Interpretation of CPR 69.7

Case Brief

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Parties

Dayman

Claimant

Aziz

Defendant

Procedural Posture

Civil / Preliminary Issue Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to charge for her services as court appointed receiver at the date of issue of proceedings
  2. 2 Whether CPR 69.7(1) precludes the receiver from receiving remuneration absent a specific court order

Ratio Decidendi

CPR 69.7 does not preclude a court-appointed receiver from receiving remuneration in the absence of an explicit order, as the general law of receivership entitles receivers to be remunerated out of the assets under their control unless statute expressly provides otherwise.

Court Disposition

Judgment for the claimant

Orders

  • The claimant is entitled to charge for her services as court appointed receiver as of 1 June 2007.