Rule 6.56 RemunerationI1
England and Wales
The remuneration of the interim receiver (other than the official receiver) shall be fixed by the court from time to time on his application.
In fixing the interim receiver's remuneration, the court shall take into account—
the time properly given by him (as interim receiver) and his staff in attending to the debtor's affairs,
the complexity (or otherwise) of the case,
any respects in which, in connection with the debtor's affairs, there falls on the interim receiver any responsibility of an exceptional kind or degree,
the effectiveness with which the interim receiver appears to be carrying out, or to have carried out, his duties as such, and
the value and nature of the property with which he has to deal.
F1Without prejudice to any order the court may make as to costs, the interim receiver’s remuneration (whether the official receiver or another) shall be paid to him, and the amount of any expenses incurred by him (including the remuneration and expenses of any special manager appointed under section 370) reimbursed—
if a bankruptcy order is not made, out of the property of the debtor, and
if a bankruptcy order is made, out of the estate in the prescribed order of priority,
or, in either case (the relevant funds being insufficient), out of the deposit under Rule 6.53.
Unless the court otherwise directs, in a case falling within paragraph (3)(a) above the interim receiver may retain out of the debtor’s property such sums or property as are or may be required for meeting his remuneration and expenses.
Annotations
Textual amendments
- F1
Words in rule 6.56(3) substituted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 103(1)
- F2
Rule 6.56(4) added (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 103(2)