The Civil Procedure Rules 1998

RSC ORDER 51 E+W RECEIVERS: EQUITABLE EXECUTION

[F1 Order to apply to High Court and County Courts E+W

Rule A1.   This Order applies to proceedings both in the High Court and in county courts.]

Textual Amendments

F1 Words in Sch. 1 RSC Order 51 inserted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(a), 8(a) (with rule 24)

Appointment of receiver by way of equitable execution E+W

Rule 1  Where an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment.

Masters etc. may appoint receiver E+W

Rule 2   [F2 A Master, the Admiralty Registrar, a district judge of the Family Division and a district judge] shall have power to make an order for the appointment of a receiver by way of equitable execution and to grant an injunction if, and only so far as, the injunction is ancillary or incidental to such an order.

Textual Amendments

F2 Words in Sch. 1 RSC Order 51 rule 2 substituted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(a), 8(b) (with rule 24)

Application of rules as to appointment of receiver, etc. E+W

Rule 3  An application for the appointment of a receiver by way of equitable execution may be made in accordance with Order 30, rule 1, and rules 2 to 6 of that Order shall apply in relation to a receiver appointed by way of equitable execution as they apply in relation to a receiver appointed for any other purpose.