Glatt, Re

Glatt, Re

The receiver is entitled to a detailed assessment of remuneration, expenses, and disbursements for work done both before and after discharge. The 'care and maintenance' costs cap applies only up to the conclusion of the confiscation appeal (17 March 2006) and cannot be exceeded retrospectively. The receiver's lien extends to all assets, not just those received before discharge.

Parties
Defendant: Louis Glatt; Claimant: The Receiver (Heath Sinclair); Intervenor: Intervenors
Jurisdiction
England and Wales
Judgment Date
29 June 2012
Procedural Posture
Receivership/costs Assessment / Judgment on Preliminary Issues and Clarification of Previous Orders
Outcome
Receiver's application for clarification allowed; costs and remuneration to be assessed for pre- and post-discharge periods; retrospective application to exceed costs cap refused; receiver awarded costs including remuneration; permission to appeal refused.
Legal Topics
Assessment of Receiver's Remuneration, Interpretation of Court Orders, Costs Caps and Retrospective Applications, Receiver's Lien
Civil Procedure Receivership Costs Assessment of Receiver's Remuneration Interpretation of Court Orders Costs Caps and Retrospective Applications Receiver's Lien

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Parties

Louis Glatt

Defendant

The Receiver (Heath Sinclair)

Claimant

Intervenors

Intervenor

Procedural Posture

Receivership/costs Assessment / Judgment on Preliminary Issues and Clarification of Previous Orders

Legal Issues

  1. 1 Whether the receiver is entitled to remuneration for work after discharge
  2. 2 Whether the 'care and maintenance' costs cap applies after discharge and can be exceeded retrospectively
  3. 3 Whether the receiver's remuneration is limited to assets received before discharge

Ratio Decidendi

The receiver is entitled to a detailed assessment of remuneration, expenses, and disbursements for work done both before and after discharge. The 'care and maintenance' costs cap applies only up to the conclusion of the confiscation appeal (17 March 2006) and cannot be exceeded retrospectively. The receiver's lien extends to all assets, not just those received before discharge.

Court Disposition

Receiver's application for clarification allowed; costs and remuneration to be assessed for pre- and post-discharge periods; retrospective application to exceed costs cap refused; receiver awarded costs including remuneration; permission to appeal refused.

Orders

  • Detailed assessment of receiver's remuneration, expenses, and disbursements for work before and after discharge ordered.
  • Retrospective application to exceed 'care and maintenance' costs cap refused.