Michael v Michael (No 2)
It is just and convenient to appoint receivers over the respondent's shares and company assets for enforcement of judgment debts, given respondent's refusal to comply, de facto control, and the complexity of asset structure hindering normal enforcement.
- Parties
- Applicant: Stalo Michael; Respondent: Mario Michael
- Jurisdiction
- England and Wales
- Judgment Date
- 08 April 2025
- Procedural Posture
- Enforcement Application (financial Remedies) / Judgment on Application for Appointment of Receivers
- Outcome
- Application granted
- Legal Topics
- Enforcement of Financial Orders, Appointment of Receivers, Corporate Asset Control, Maintenance Pending Suit, Legal Services Payments, Costs Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Stalo Michael
Applicant
Mario Michael
Respondent
Procedural Posture
Enforcement Application (financial Remedies) / Judgment on Application for Appointment of Receivers
Legal Issues
- 1 Whether receivers should be appointed over assets for enforcement of judgment debts
- 2 Whether the assets in question are legally and beneficially owned by the respondent
- 3 Whether receivership is appropriate given the structure of the assets and respondent's conduct
Ratio Decidendi
It is just and convenient to appoint receivers over the respondent's shares and company assets for enforcement of judgment debts, given respondent's refusal to comply, de facto control, and the complexity of asset structure hindering normal enforcement.
Court Disposition
Application granted
Orders
- Appointment of Hannah Davie and Ami Sweeney of Grant Thornton UK LLP as receivers over respondent's 550 shares in Michael Bros Limited, 1 share in Hartsfield Investments UK Limited, and assets of Property Empire Limited.
- Liberty to apply to discharge or vary the order at pre-trial review.
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