The County Court Rules 1981

ORDER 32RECEIVERS

Application for appointment

1.—(1) An application for the appointment of a receiver may be made before, at or after the trial or hearing of any proceedings.

(2) An application for an injunction ancillary or incidental to an order appointing a receiver may be joined with the application for such an order.

(3) Where the applicant wishes to apply for the immediate grant of such an injunction pending the hearing of his application for the appointment of a receiver, he may do so ex parte on affidavit.

(4) The power to make an order for the appointment of a receiver shall be exercisable by the court and, without prejudice to Order 21, rule 5, the registrar shall have power to grant an injunction if, and only so far as, it is ancillary or incidental to an order for the appointment of a receiver by way of execution.

In this paragraph “receiver by way of execution” means a receiver appointed by way of equitable execution in relation either to an equitable interest or to a legal estate or interest in land.

Receiver to give security

2.  Unless the court otherwise orders, a person other than an officer of the court who is appointed a receiver shall not act as such until he has given security duly to account for what he receives and to deal with it as the court directs.

Application of R.S.C

3.—(1) Subject to the following paragraphs of this rule, the provisions of the R.S.C. with regard to—

(a)the remuneration of a receiver,

(b)the submission and passing of a receiver's accounts and the payment of the amounts found due from him, and

(c)the failure by a receiver to do any act which he is required to do,

shall apply in relation to a receiver appointed by a county court as they apply in relation to a receiver appointed by the High Court.

(2) On the delivery of any account by the receiver at the court office, the proper officer shall fix a place and time for the passing of the account by the registrar and give notice thereof to the receiver and to the parties.

(3) The receiver or any party dissatisfied with the allowance or disallowance by the registrar of any item in the account may apply to the judge on notice for a review of the registrar's decision and the judge may make such order on the application as he thinks fit.

(4) Where the order for the appointment of a receiver was made by the judge, the power on any default by the receiver to direct his discharge and the appointment of another receiver shall be exercised only by the judge.