Walker Morris

Receiver entitled to remuneration as officer of the court

The Court of Appeal has found that a receiver appointed under the Criminal Justice Act (CJA) 1988, but discharged in 2006, was still entitled to be recover sums from the receivership assets as ‘he continues to be an officer of the court [and subject to the supervision of the court] to the extent that he still has functions to perform with a view to a final conclusion of the administration of the receivership’.

The legal position is generally such that a receiver appointed to the assets of an individual under the CJA 1988, like a receiver appointed at common law, pays its remuneration for acting as receiver from the assets subject to the receivership.

In Glatt v Sinclair, a receiver was appointed in 2001 under the CJA 1988 over Glatt’s assets, with the order stating that the receiver was to be paid out of the receivership assets. However, in 2006 Glatt successfully applied to have the confiscation order made against him set aside and subsequently the receiver was discharged…

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