Devon Commercial Property Ltd v Barnett & Anor [2019] EWHC 700 (Ch) (26 March 2019)

Devon Commercial Property Ltd v Barnett & Anor [2019] EWHC 700 (Ch) (26 March 2019)

The defendants, as receivers, owed the claimant duties to act in good faith, for a proper purpose, and to obtain the best price reasonably obtainable. The evidence showed the defendants acted independently, properly marketed the property, and did not act under the direction of Aston Manor or place themselves in a position of conflict. The sale process was appropriate, and the price achieved reflected market conditions. No breach of duty was established and no loss was caused to the claimant.

Citation
[2019] EWHC 700 (Ch)
Parties
Claimant: Devon Commercial Property Limited; Defendant: Robert Adrian Barnett; Defendant: Robert John Belcher
Jurisdiction
England and Wales
Judgment Date
26 March 2019
Procedural Posture
Commercial Claim for Breach of Duty by Receivers / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Duties of LPA Receivers, Sale of Mortgaged Property, Fiduciary Obligations, Best Price Duty, Conflict of Interest
Property Law Equity Commercial Law Duties of LPA Receivers Sale of Mortgaged Property Fiduciary Obligations Best Price Duty Conflict of Interest

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Devon Commercial Property Limited

Claimant

Robert Adrian Barnett

Defendant

Robert John Belcher

Defendant

Procedural Posture

Commercial Claim for Breach of Duty by Receivers / Trial Judgment

Legal Issues

  1. 1 Did the defendants breach their duties as Law of Property Act receivers to act in good faith, for a proper purpose, and to obtain the best price reasonably obtainable for the property?
  2. 2 Did the defendants place themselves in a position of conflict or act under the direction of Aston Manor?
  3. 3 Did the defendants fail to treat Aston Manor as a special purchaser and market the property properly?

Ratio Decidendi

The defendants, as receivers, owed the claimant duties to act in good faith, for a proper purpose, and to obtain the best price reasonably obtainable. The evidence showed the defendants acted independently, properly marketed the property, and did not act under the direction of Aston Manor or place themselves in a position of conflict. The sale process was appropriate, and the price achieved reflected market conditions. No breach of duty was established and no loss was caused to the claimant.

Court Disposition

Claim dismissed

Orders

  • No damages awarded to claimant
  • No relief granted against defendants