An assignment of the benefit of a contract without the consent of the contractor and in breach of contract was effective between assignor and assignee but not as against the original contract other party.
The modern practice for the allowing of amendments was that the court had a general discretion and should not be restricted by hard and fast rules of practice or of law.
Millett LJ said that an assignment or a purported assignment of a contractual obligation in the face of a prohibition in the contract whether in the nature of a prohibition or promise, was unlikely to be a repudiation of the contract itself.
Judges:
Evans LJ, Henry LJ, Millett LJ
Citations:
Times 16-Sep-1998, [1998] EWCA Civ 1276, [1998] CLC 1382
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Norglen 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 . .
Cited by:
Cited – Rhodia International Holdings Ltd and Another v Huntsman International CA 11-Jun-2007
There was a challenge to the validity of a sale and purchase agreement which included an assignment of a contract which would require novation.
Held: A long standing acquiesecence in one breach of the contract did not amount to a grant pf . .
Lists of cited by and citing cases may be incomplete.
Contract, Litigation Practice
Updated: 25 November 2022; Ref: scu.81319