Glatt, Re [2012] EWHC 2015 (Admin) (29 June 2012)

Glatt, Re [2012] EWHC 2015 (Admin) (29 June 2012)

The receiver is entitled to remuneration, expenses, and disbursements for work done both before and after discharge, as directed by the court order and supported by the objective material and prior judgments. The care and maintenance budget cap applied only until the conclusion of the appeals and cannot be exceeded retrospectively. The receiver's entitlement to remuneration is not limited to assets received before discharge.

Citation
[2012] EWHC 2015 (Admin)
Parties
Claimant: Receiver (Claimant); Defendant: Louis Glatt; Intervenor: Intervenors
Jurisdiction
England and Wales
Judgment Date
29 June 2012
Procedural Posture
Judicial Review / Receivership Costs Assessment / Post Judgment Clarification and Costs Determination
Outcome
Application for clarification granted; receiver's entitlement to remuneration, expenses, and disbursements before and after discharge clarified; costs awarded to receiver; permission to appeal refused.
Legal Topics
Receivership, Costs Assessment, Remuneration of Receivers, Interpretation of Court Orders
Civil Procedure Criminal Law Insolvency Receivership Costs Assessment Remuneration of Receivers Interpretation of Court Orders

Case Brief

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Parties

Receiver (Claimant)

Claimant

Louis Glatt

Defendant

Intervenors

Intervenor

Procedural Posture

Judicial Review / Receivership Costs Assessment / Post Judgment Clarification and Costs Determination

Legal Issues

  1. 1 Whether the receiver is entitled to remuneration only up to the date of discharge or also for work done after discharge
  2. 2 Whether the 'care and maintenance' budget cap applies throughout the receivership and if it 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 remuneration, expenses, and disbursements for work done both before and after discharge, as directed by the court order and supported by the objective material and prior judgments. The care and maintenance budget cap applied only until the conclusion of the appeals and cannot be exceeded retrospectively. The receiver's entitlement to remuneration is not limited to assets received before discharge.

Court Disposition

Application for clarification granted; receiver's entitlement to remuneration, expenses, and disbursements before and after discharge clarified; costs awarded to receiver; permission to appeal refused.

Orders

  • Receiver entitled to remuneration, expenses, and disbursements for work before and after discharge.
  • Care and maintenance budget cap applies only until conclusion of appeals and cannot be exceeded retrospectively.