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Pfeiffer GmbH v Arbuthnot Factors Limited: 1988

Section 136 by its terms preserves the equitable rule that the debtor can rely on any rights of set-off which arose before he had notice of assignment . Citations: [1988] 1WLR 150 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Cited by: Cited – Edlington Properties Limited v J H Fenner and … Continue reading Pfeiffer GmbH v Arbuthnot Factors Limited: 1988

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Barbados Trust Company Ltd v Bank of Zambia and Another: CA 27 Feb 2007

The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of the original creditors to sue was invalid without such consent since the assignment … Continue reading Barbados Trust Company Ltd v Bank of Zambia and Another: CA 27 Feb 2007

The Kelo: 1985

A notice of assignment of a debt under the section need not be by deed. Citations: [1985] 2 Lloyd’s Rep 85 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Cited by: Cited – Firstdale Ltd v Quinton ComC 5-Aug-2004 In the course of a long dispute, the defendant’s solicitors had indicated that … Continue reading The Kelo: 1985

Firstdale Ltd v Quinton: ComC 5 Aug 2004

In the course of a long dispute, the defendant’s solicitors had indicated that they would accept service of proceedings. Just before the limitation period expired, the papers were served directly in the client. The defendants solicitors said that this was invalid service, and that later service out of time could not revive the claim. Held: … Continue reading Firstdale Ltd v Quinton: ComC 5 Aug 2004

Camdex International Ltd v Bank of Zambia and Another: CA 3 Apr 1996

Appeal by the Defendant from a judgment on an application for summary judgment under RSC Order 14 by the Plaintiffs, Camdex International Ltd judgment was entered for the Plaintiffs in the sum of Kuwaiti Dinars 20,595,557.429. The Plaintiffs pleaded that the Central Bank of Kuwait deposited with the Defendant the sum of Kuwaiti Dinars 15,000,000 … Continue reading Camdex International Ltd v Bank of Zambia and Another: CA 3 Apr 1996

Camdex International Ltd v Bank of Zambia: CA 3 Apr 1996

References: Gazette 10-Jul-1996, Times 08-Apr-1996, [1998] QB 22 Coram: Mr Justice Neill, Lord Justice Peter Gibson and Lord Justice Hobhouse Ratio: There was no maintenance in the assignment of debt though litigation was required to recover it. It remains objectionable to traffic in litigation. The assignment had no essence in maintenance and was contemplated by … Continue reading Camdex International Ltd v Bank of Zambia: CA 3 Apr 1996

Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997

The insurance company claimant had insured a cargo under a voyage charter made by the defendant as charterer with the claimant as time charterer and disponent owner of the vessel. The charter had an arbitration clause. The cargo was damaged in a fire and steps taken to extinguish it. The insurers began proceedings in Brazil … Continue reading Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997

Trustee Solutions Ltd and others v Dubery and Another: ChD 21 Jun 2006

The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment. Held: The words ‘writing under hand’ clearly required a signature, and the amendment was ineffective. No estoppel arose as against the members: ‘An avoidance of pedantry, … Continue reading Trustee Solutions Ltd and others v Dubery and Another: ChD 21 Jun 2006

Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006

The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place. Held: The new landlord was not liable for the … Continue reading Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006