header-logo header-logo

Home Login E-newsletter About us
31 October 2019 / Caroline Shea KC , Gavin Bennison
Issue: 7862 / Categories: Features , Property
printer mail-detail

The (messy) law of receivership

© Copyright LexisNexis 2026. All Rights Reserved.
Caroline Shea QC & Gavin Bennison help unravel the complex triage that is receivers, agency & possession
  • The position pre-Menon: the facts.
  • The decision in Menon.
  • Reflection and practical implications.

The law of receivership can be fiendishly difficult to make sense of. That is not just an academic issue: the ‘messiness’ of receivership creates daily challenges for lawyers acting for and against receivers in the courts. Often, cases that ought to be routine and straightforward become bogged down in legal argument.

Thankfully, on 7 October 2019 Mr Justice Mann made things a lot easier for practitioners by resolving one of the biggest issues in the law of receivership: can a receiver who is appointed under a mortgage of property owned by an individual mortgagor claim possession of the property from that individual by suing in his or her own name as receiver? The case was Menon & Menon v Pask & Goode [2019] EWHC 2611 (Ch), [2019] All ER (D)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
Read All
NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Copyright © 2026 LexisNexis
back-to-top-scroll