Glatt, R (on the application of) v Sinclair [2010] EWHC 3082 (Admin) (04 November 2010)

Glatt, R (on the application of) v Sinclair [2010] EWHC 3082 (Admin) (04 November 2010)

There is no realistic prospect of the applicant proving that the receiver acted negligently or breached duty; the receiver relied on competent expert valuations and acted reasonably; permission to proceed is refused.

Citation
[2010] EWHC 3082 (Admin)
Parties
Claimant: Louis Glatt; Defendant: Heath Sinclair
Jurisdiction
England and Wales
Judgment Date
04 November 2010
Procedural Posture
Judicial Review Application for Permission to Proceed With Negligence Claim Against Court Appointed Receiver / Permission Hearing
Outcome
Permission to proceed with the claim is refused; permission to appeal is refused.
Legal Topics
Receiver's Duties, Negligence, Breach of Duty, Sale of Property Under Receivership, Limitation Period, Permission to Sue Court Appointed Receiver
Civil Procedure Criminal Law Property Law Receiver's Duties Negligence Breach of Duty Sale of Property Under Receivership Limitation Period +1 more

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Parties

Louis Glatt

Claimant

Heath Sinclair

Defendant

Procedural Posture

Judicial Review Application for Permission to Proceed With Negligence Claim Against Court Appointed Receiver / Permission Hearing

Legal Issues

  1. 1 Whether the receiver breached duty or acted negligently in the sale of property
  2. 2 Whether there is a realistic prospect of success for the claim
  3. 3 Whether permission should be granted to proceed against a court-appointed receiver

Ratio Decidendi

There is no realistic prospect of the applicant proving that the receiver acted negligently or breached duty; the receiver relied on competent expert valuations and acted reasonably; permission to proceed is refused.

Court Disposition

Permission to proceed with the claim is refused; permission to appeal is refused.

Orders

  • Receiver awarded costs subject to section 11 of the Access to Justice Act 1999.
  • Further submissions on lien and costs to be provided in writing.