Source: All England Reporter
Publisher Citation: [2002] All ER (D) 36 (Oct)
Neutral Citation: [2002] EWHC 1976 (Ch)
Court: Chancery Division
Judge:

Patten J

Representation Michael Driscoll QC and Luke Norbury (instructed by Landons, Brentwood) for the claimants.
  Jeffery Onions QC and Graeme Halkerston (instructed by Lawrence Graham) for the first defendant in the first action and all defendants in the second action.
  Christopher Nugee QC and Daniel Bayfield (instructed by Linklaters) for the second and third defendants in the first action.
Judgment Dates: 3 October 2002

Catchwords

Receiver - Action against receiver - Appointment - Appointment by bank of receivers over properties owned by claimants and charged to bank to secure their borrowings - Validity of receivers' appointment.

The Case

The court dismissed claims by two property companies against their former bankers, arising from the appointment by the bank of LPA receivers over a number of properties owned by the companies and charged to the bank to secure their borrowings, that the bank was not entitled to appoint the receivers, that the appointments were invalid and that the subsequent sale of the properties was made without their consent and gave rise to a claim for damages.

Practice Areas

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