Marshall v Cottingham

Subject Matter

MORTGAGE — Receiver — Commission on money received — Receiver under debenture — Statutory powers of receiver extended by provisions in debenture — Power of sale — Costs of realisation to be met out of proceeds of sale — Debenture not specifying rate of commission — Whether application to court necessary to fix rate of commission — Whether agent's fees, conveyancing costs and caretaker's wages pending sale deductible from receiver's commission as “costs, charges and expenses” — Law of Property Act 1925, s 109(6)(8)

[1982] Ch 82; [1981] 3 WLR 235