Court Of Appeal Provides Welcome Clarification For Judgment Creditors

The Court of Appeal has helpfully confirmed that a judgment creditor can seek an order appointing a receiver by way of equitable execution where:

the debtor holds a legal or equitable interest in property; and execution against the property is not available at law by one of the usual methods, for instance via the sheriff or by a garnishee order. There was previously doubt as to whether such a receiver could be appointed where the debtor held a legal, as opposed to an equitable interest, in property.

Interests over which a receiver by way of equitable execution clarified and expanded

In Acc Loan Management v Rickard & Anor.,1 the Court of Appeal confirmed that the appointment of a receiver by way of...