Dayman v Aziz

Dayman v Aziz

CPR 69.7 does not preclude a receiver from receiving remuneration where the general law of receivership entitles such remuneration, and the court order and surrounding circumstances made it clear the receiver was to be remunerated.

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

Summary, issues, holding and outcome

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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 the issue of proceedings
  2. 2 Whether CPR 69.7(1) precludes the receiver from receiving remuneration absent an explicit court order

Ratio Decidendi

CPR 69.7 does not preclude a receiver from receiving remuneration where the general law of receivership entitles such remuneration, and the court order and surrounding circumstances made it clear the receiver was to be remunerated.

Court Disposition

Judgment for the claimant

Orders

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