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ARTICLE · 08 SEPTEMBER 1999

Duty of Receiver to Borrower

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United KingdomAntitrust/Competition Law

In the case of Medforth v Blake & Others (judgment given 26 May 1999) the Court of Appeal has held that a receiver managing mortgaged property owed to the Borrower not only a duty of good faith but a duty to manage the property with due diligence.



The defendant receivers had been appointed by the lender pursuant to two agricultural charges registered against the pig farming business of the plaintiff. The receivers had continued to run the business rather than sell it and used the profits made to repay the loan and interest to the lender. During the course of their appointment, the receivers, inter alia, failed to obtain discounts for the purchase of pig feed which was used by the receivers in conducting the business.

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