Appointment of receivers in restraint proceedings
Appointment of receivers in restraint proceedings

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Appointment of receivers in restraint proceedings
  • Appointment of receivers in restraint proceedings
  • Appointment of a management receiver in restraint proceedings
  • Fees and terms of engagement
  • Procedure for applying for a management receiver
  • Preparing for the application
  • Powers
  • Variation of a management receivership order
  • Enforcement
  • Discharge
  • More...

Appointment of receivers in restraint proceedings

For information on restraint orders, the applicable regime and restraint proceedings, see Practice Note: Restraint orders.

Appointment of a management receiver in restraint proceedings

Where a restraint order is in place the court has the power to appoint a receiver to deal with any of the defendant's realisable assets that are restrained.

Fees and terms of engagement

The management receiver is appointed by the court and reports back to the court that appointed him. The management receiver, if he is not an employee of the prosecuting body, can only be paid fees where the court directs it and specifies the basis on which the receiver is to be remunerated. The fees that are paid should be reasonable and proportionate to the work carried out, taking into account the time given by him to the receivership, the complexity of the receivership, the weight of responsibility as a result of the receivership, the receiver's effectiveness during the period of receivership and the nature, value and subject matter of the receivership. These, and other recommendations, were incorporated into the 'Capewell Guidelines' which apply as a checklist for prosecuting authorities, the courts and management receivers.

In CPS v Eastenders the Court of Appeal Ruled that there was no power under the Proceeds of Crime Act 2002 (POCA 2002) to make an order for the payment of a receiver's

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