ANC Ltd v Clark Goldring and Page Ltd and Another: CA 31 May 2000

The assignment of the fruits of an action for damages was a sale of property within section 436 of the Act, it was not within the exemption for champerty provided by the Act to a liquidator which arose from the statutory power of sale. The assignment of a cause of action assigned the right to pursue an action, but an assignment of the fruits of an action took place only in equity, and the assignee acquired no interest in the action itself.

Citations:

Times 31-May-2000

Statutes:

Insolvency Act 1986 436

Jurisdiction:

England and Wales

Contract, Insolvency

Updated: 10 May 2022; Ref: scu.77783