- Receivers’ duties, conflicts of interest and the meaning of bad faith (Devon Commercial Property Ltd v Barnett and another)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Burden of proof
- Bad faith and dishonesty
- Use of expert evidence
- Evidential value of email communications
Restructuring & Insolvency analysis: Simon Davenport QC, joint head of chambers, and Daniel Lewis, barrister, at 3 Hare Court, advise that the judgment in Devon Commercial Property Ltd v Barnett and another is significant both for its consideration of the substantive law as to the duties owed by receivers, as well as practical questions as to the evidence used to bring and defend these claims.
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