Uploaded July 2024 | Updated September 2026, 2 weeks ago
BOOK REVIEW
MORTGAGE RECEIVERSHIP
Law and Practice
Second Edition
By Stephanie Tozer KC, Cecily Crampin and Tricia Hemans
ISBN 978 0 85490 299 6
WILDY, SIMMONDS & HILL PUBLISHING
wildy.com
THE ROLE OF RECEIVERS APPOINTED OUT OF COURT: NOW IN A SECOND EDITION FOR 2024
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
_____________________________________________________
The second edition of this authoritative title on mortgage receivership has been written by Stephanie Tozer KC, Cecily Crampin and Tricia Hemans. The writers’ objective it to extend “the cohesive theory of mortgage receivership developed in the first edition through reference to recent cases, whilst maintaining its focus on providing practical guidance to the relevant law and procedure”.
The work is limited to the scope of receivers appointed by mortgagees out of court. “one of the difficulties in giving advice in this area”, they write, “is in trying to work out whether a decision in a particular case as to the powers and duties of a different type of receiver also applies to the specific case of a receiver appointed by a mortgagee out of court”. The point throughout is that these receivers are “deemed to be the agent of the mortgagor”, so there is considerable scope for misunderstanding which is why this work is so helpful.
Legal advisers will find the expertise offered here brilliant for “the powers and duties of a receiver depend critically on what type of receiver one is dealing with.” The book shows that “receivers are certainly not all the same”, so the publishers, Wildy, Simmonds and Hill, have asked the authors to thoroughly update this excellent work for 2024.
It remains a great book for practitioners offering references to over 40 new cases, the book deals with a number of issues which have arisen since 2018, namely considering in detail the difficult issue of the effect of the receivership on the borrower’s powers and the borrower’s ability to exercise those powers, in the context of Ghai v Maymask [2020]. In addition, there is an updated possession chapter by reference to Menon v Pask [2019] and discussion on the extent behind the reasoning in that decision, and how it can be extended.
We also get a new section on statutory bars to receivership including an overview of the effect of sanctions; a revised chapter on regulation by reference to a number of cases decided; and
an update to discuss new property statutes and their relevance to receivership in relation to ground rents under residential leases, registration of overseas entities, and the Building Safety Act 2022.
What we found most useful was the practical advice about what receivers should do in particular situations and how litigation involving receivers should be conducted – Wildy have done us proud here. The book is essential reading for lawyers advising receivers, or who are involved in litigation for or against receivers, and for receivers themselves.
The date of publication of the hardback second edition is cited as May 2024.
BOOK REVIEW
MORTGAGE RECEIVERSHIP
Law and Practice
Second Edition
By Stephanie Tozer KC, Cecily Crampin and Tricia Hemans
ISBN 978 0 85490 299 6
WILDY, SIMMONDS & HILL PUBLISHING
wildy.com
THE ROLE OF RECEIVERS APPOINTED OUT OF COURT: NOW IN A SECOND EDITION FOR 2024
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
_____________________________________________________
The second edition of this authoritative title on mortgage receivership has been written by Stephanie Tozer KC, Cecily Crampin and Tricia Hemans. The writers’ objective it to extend “the cohesive theory of mortgage receivership developed in the first edition through reference to recent cases, whilst maintaining its focus on providing practical guidance to the relevant law and procedure”.
The work is limited to the scope of receivers appointed by mortgagees out of court. “one of the difficulties in giving advice in this area”, they write, “is in trying to work out whether a decision in a particular case as to the powers and duties of a different type of receiver also applies to the specific case of a receiver appointed by a mortgagee out of court”. The point throughout is that these receivers are “deemed to be the agent of the mortgagor”, so there is considerable scope for misunderstanding which is why this work is so helpful.
Legal advisers will find the expertise offered here brilliant for “the powers and duties of a receiver depend critically on what type of receiver one is dealing with.” The book shows that “receivers are certainly not all the same”, so the publishers, Wildy, Simmonds and Hill, have asked the authors to thoroughly update this excellent work for 2024.
It remains a great book for practitioners offering references to over 40 new cases, the book deals with a number of issues which have arisen since 2018, namely considering in detail the difficult issue of the effect of the receivership on the borrower’s powers and the borrower’s ability to exercise those powers, in the context of Ghai v Maymask [2020]. In addition, there is an updated possession chapter by reference to Menon v Pask [2019] and discussion on the extent behind the reasoning in that decision, and how it can be extended.
We also get a new section on statutory bars to receivership including an overview of the effect of sanctions; a revised chapter on regulation by reference to a number of cases decided; and
an update to discuss new property statutes and their relevance to receivership in relation to ground rents under residential leases, registration of overseas entities, and the Building Safety Act 2022.
What we found most useful was the practical advice about what receivers should do in particular situations and how litigation involving receivers should be conducted – Wildy have done us proud here. The book is essential reading for lawyers advising receivers, or who are involved in litigation for or against receivers, and for receivers themselves.
The date of publication of the hardback second edition is cited as May 2024.
