Glatt & Ors v Sinclair

Glatt & Ors v Sinclair

A court-appointed receiver under the Criminal Justice Act 1988 is entitled to recover remuneration, expenses, and disbursements for work done post-discharge, provided such work relates to the conclusion of the receivership and is approved by the court. The right to indemnity and lien over receivership assets continues after discharge. The appellants are precluded from raising the jurisdictional argument at this stage due to their conduct and the detriment to the receiver.

Parties
Appellants: Leslie Glatt and Rita Glatt; Appellant: Leslie Glatt; Appellant: The Alba Charitable Trust; Appellant: The Louis Glatt Charitable Settlement; Respondent: Nigel Heath Sinclair
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Remuneration of Receivers, Post Discharge Costs, Court Appointed Receivers, Lien Over Assets, Jurisdiction of Court
Civil Procedure Criminal Law Receivership Remuneration of Receivers Post Discharge Costs Court Appointed Receivers Lien Over Assets Jurisdiction of Court

Case Brief

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Parties

Leslie Glatt and Rita Glatt

Appellants

Leslie Glatt

Appellant

The Alba Charitable Trust

Appellant

The Louis Glatt Charitable Settlement

Appellant

Nigel Heath Sinclair

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a court-appointed receiver can recover remuneration, expenses, and disbursements for work done after discharge of the receivership order
  2. 2 Whether the interveners can raise the argument of lack of jurisdiction at the appellate stage
  3. 3 Whether the court had jurisdiction to order payment of post-discharge remuneration, expenses, and disbursements

Ratio Decidendi

A court-appointed receiver under the Criminal Justice Act 1988 is entitled to recover remuneration, expenses, and disbursements for work done post-discharge, provided such work relates to the conclusion of the receivership and is approved by the court. The right to indemnity and lien over receivership assets continues after discharge. The appellants are precluded from raising the jurisdictional argument at this stage due to their conduct and the detriment to the receiver.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed on all grounds.
  • The receiver is entitled to recover remuneration, expenses, and disbursements for work done post-discharge, subject to court approval.