Glatt v Heath Sinclair (The Former Court Appointed Receiver)

The receiver's costs of resisting the application are costs of the receivership within the meaning of the receivership order, and are recoverable from the receivership assets subject to the lien, regardless of the timing of the application or public funding limitations.

Parties: Applicant: Louis Glatt; Respondent: Heath Sinclair
Jurisdiction: England and Wales
Judgment Date: 01 December 2010
Procedural Posture: Application for Costs in Receivership Proceedings / Post Judgment Costs Determination
Outcome: Costs application granted; costs to be paid from receivership assets subject to lien.
Legal Topics: Receivership, Costs, Lien, Public Funding

Criminal Law Civil Procedure Receivership Costs Lien Public Funding

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2

Parties

Louis Glatt

Applicant

Heath Sinclair

Respondent

Procedural Posture

Application for Costs in Receivership Proceedings / Post Judgment Costs Determination

Legal Issues

1 Whether the costs of resisting the applicant's action can be recovered from receivership assets
2 Whether costs incurred after discharge of receiver are costs of the receivership
3 Effect of public funding and costs protection on recovery of costs

Ratio Decidendi

Court Disposition

Costs application granted; costs to be paid from receivership assets subject to lien.

Orders

Costs of resisting the application to be paid out of receivership assets subject to the respondent's lien.