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Receivership

29 November 2013
Issue: 7586 / Categories: Case law , Law digest , In Court
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BAT Industries PLC v Windward Prospects Ltd [2013] EWHC 3612 (Comm), [2013] All ER (D) 265 (Nov)

The court had jurisdiction to appoint a receiver under s 37(1) of the Senior Courts Act 1981 in all cases in which it appeared to the court to be just and convenient to do so. In the context of receivers, s 37(1) was not to be taken as conferring an “unfettered power”. The demands of justice were the overriding consideration in considering the scope of the jurisdiction under s 37(1). A receiver by way of equitable execution might be appointed over an asset whether or not the asset was presently amenable to execution at law; and the jurisdiction to appoint receivers by way of equitable execution could be developed incrementally to apply old principles to new situations.

 

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