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RSC ORDER 51

RECEIVERS: EQUITABLE EXECUTION

  Contents of this Order
 
ORDER TO APPLY TO HIGH COURT AND COUNTY COURT   Rule A1
APPOINTMENT OF RECEIVER BY WAY OF EQUITABLE EXECUTION   Rule 1
MASTERS ETC. MAY APPOINT RECEIVER   Rule 2
APPLICATION OF RULES AS TO APPOINTMENT OF RECEIVER, ETC.   Rule 3

ORDER TO APPLY TO HIGH COURT AND COUNTY COURT


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

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APPOINTMENT OF RECEIVER BY WAY OF EQUITABLE EXECUTION


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.

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MASTERS ETC. MAY APPOINT RECEIVER


Rule 2   
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.

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APPLICATION OF RULES AS TO APPOINTMENT OF RECEIVER, ETC.


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.

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