Freightex Ltd v International Express Co Ltd: CA 15 Apr 1980

Dunn L.J: ‘I do not think that a liquidator or an assignee from a liquidator should be put on terms either by way of security for costs or otherwise as a condition of enforcing an assigned claim.’ the other court members thought it was inappropriate to impose such a condition in that particular case.


Dunn LJ, Stephenson L.J. and Sir Stanley Rees


Transcript No. of 1980, Unreported, 15 April 1980


England and Wales

Cited by:

CitedNorglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac HL 1-Dec-1997
An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Litigation Practice

Updated: 16 May 2022; Ref: scu.223199