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 statute, and was effective.
Statutes: Law of Property Act 1925 136
This case cites:
- Cited – Ellis v Torrington CA ([1920] 1 KB 399)
An assignment of the benefit of a covenant in a lease held to be sufficiently connected with enjoyment of the property as not to be a bare right of action. The assignment was not void.
Scrutton LJ stated that the assignee of a cause of action . .
(This list may be incomplete)
This case is cited by:
- See Also – Camdex International Ltd v Bank of Zambia and Others (2) CA (Times 28-Jan-97, Bailii, [1997] EWCA Civ 798)
English Courts have no power to enforce foreign public law here. . . - Cited – Barbados Trust Company Ltd v Bank of Zambia and Another CA (Bailii, [2007] EWCA Civ 148)
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 . .
(This list may be incomplete)
Last Update: 25-Aug-16
Ref: 78855
