Section 208: Court supervision of receiver

208. Court supervision of receiver (1) The Court may, on the application of a receiver— (a) give directions in relation to any matter arising in connection with the performance of the functions of the receiver; and (b) revoke or vary any such directions. (2) The Court may, on the application of a person referred to in subsection (3)— (a) in respect of any period, review the remuneration of a receiver at a level which is reasonable in the circumstances; (b) to the extent that an amount retained by a receiver as remuneration is found by the Court to be unreasonable in the circumstances, order the receiver to refund the amount; or (c) declare whether or not a receiver was validly appointed in respect of any property or validly entered into possession or assumed control of any property. (3) Any of the following persons may apply to the Court under subsection (2)— (a) the receiver; (b) the chargor; (c) a creditor of the chargor; (d) a person claiming, through the chargor, an interest in the property in receivership; (e) a liquidator; or (f) the Director. (4) The powers of the Court under subsections (1) and (2)— (a) are in addition to any other power which the Court may exercise; and (b) may be exercised whether or not the receiver has ceased to act as receiver when an application is made. (5) The Court may, on the application of a person referred to in subsection (3), revoke or vary an order made under subsection (2). I14 – 121 [Issue 3] Insolvency Act (6) Subject to subsection (7), it is a defence to a claim against a receiver in relation to any act or omission by the receiver that he acted in accordance with a direction given under subsection (1). (7) The Court may, on the application of a person referred to in subsection (3), order that, by reason of the circumstances in which a direction was obtained under subsection (1), a receiver is not entitled to the protection given by subsection (6).