Receivers & possession: Cecily Crampin & Tricia Hemans suggest looking past the agency device
- Menon and Menon v Menon and Menon: can one sue oneself?
If tasked with running the argument that no man can sue himself, one might think oneself onto a winner. Surely it must be an irresistible submission that Mr and Mrs X could not possibly bring proceedings against Mr and Mrs X? However, when one factors in the Law of Property Act 1925, a mortgage and the appointment of receivers, one finds that such a submission may well get short shrift from the courts. This was the outcome of Menon and Menon (acting by Pask and Goode as joint fixed charge receivers) v Menon and Menon, 10 December 2018 (The County Court at Central London Unreported) where an argument that the Menons could not effectively sue themselves failed.
Typical
The case was typical of those involving receivers. The Menons were the registered proprietors of a west London property worth in the region of £5m. The Menons had charged the property as security
