‘In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession as the registered title holder of a legal charge, despite his allowing the Defendant’s appeal and holding that the Claimant had not proved that a valid assignment of the debt had occurred at trial.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
‘A High Court ruling refusing to set aside £4.3m judgment in default in a suppressed sales case shows the strength of the litigation funding model used by Manolete Partners, it has been argued.’
Litigation Futures, 5th December 2019
Source: www.litigationfutures.com
‘Restructuring & Insolvency analysis: James Bickford Smith, barrister at Littleton Chambers, examines the High Court’s decision in Nicoll v Promontoria (Ram 2) Ltd that the appellant debtor’s challenge to the validity of an assignment of his debt to the respondent should not have been entertained by the judge below because although the appellant had sought to put the effectiveness of the assignment in issue in his first witness statement, the point that he took was entirely different from that which he took before the judge.’
Littleton Chambers, 3rd October 2019
Source: www.littletonchambers.com
‘The High Court has determined a £35 million partition era dispute between India, Pakistan and successors in title to 7th Nizam of Hyderabad. Claims of Pakistan dismissed; claims of India, Prince Muffakham Jah and Prince Mukarram Jah upheld.’
Blackstone Chambers, 2nd October 2019
Source: www.blackstonechambers.com
‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’
Practical Law: Construction Blog, 9th October 2019
‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’
4 New Square, 5th December 2017
Source: www.4newsquare.com
‘In a much anticipated decision, the Court of Appeal has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another – even post – LASPO – without losing the right to recover success fees from the defendant. The decision depended highly on policy considerations. It will be welcomed by solicitors who in a wide variety of circumstances have been party to such transfers.’
Hailsham Chambers, 7th December 2017
Source: www.hailshamschambers.com
‘The transfer of a conditional fee agreement (CFA) from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled.’
Litigation Futures, 5th December 2017
Source: www.litigationfutures.com
‘The assignment of conditional fee agreements (CFAs) is under the spotlight yet again after a costs judge ruled that one had been validly made.’
Litigation Futures, 23rd August 2016
Source: www.litigationfutures.com
‘The question of when a conditional fee agreement (CFA) can be assigned from one law firm to another is set for the Court of Appeal, Litigation Futures can report.’
Litigation Futures, 30th June 2016
Source: www.litigationfutures.com
‘Anti-avoidance provisions in the 1995 Landlord and Tenant (Covenants) Act prevent a tenant from assigning a lease to its guarantor, the High Court has ruled.’
OUT-LAW.com, 21st March 2016
Source: www.out-law.com
‘A dispute over an unsuccessful start-up turns messy, but clears up a point of confusion over patent assignments.’
Technology Law Update, 14th January 2016
Source: www.technology-law-blog.co.uk
‘It has long been accepted that the issue of whether an employee is “assigned” to an undertaking or part of an undertaking (and thus is subject to a relevant transfer for the purposes of the TUPE Regulations 2006) is a difficult and multifactorial question the outcome of which can often be difficult to predict.’
Littleton Chambers, 18th July 2015
Source: www.littletonchambers.com
BESTrustees plc v Corbett: [2014] EWHC 3038 (Ch); [2015] WLR (D) 242
‘The trustee or manager of a qualifying occupational pension scheme was entitled to assign a debt arising pursuant to section 75 of the Pensions Act 1995.’
WLR DAily, 16th October 2014
Source: www.iclr.co.uk
‘A High Court judge has approved arrangements allowing companies within the Hilton group to reassign leases between themselves without the landlord losing the benefit of a guarantee granted by the parent company.’
OUT-LAW.com, 20th January 2015
Source: www.out-law.com
‘The relief available under article 21(1) of the UNCITRAL Model Law on Cross-Border Insolvency, as scheduled to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030), upon recognition by the English court of a foreign insolvency proceeding was limited to such relief as it would be open to the court to grant in domestic insolvency proceedings.’
WLR Daily, 30th June 2014
Source: www.iclr.co.uk
Performing Right Society Ltd v B4U Network (Europe) Ltd [2013] EWCA Civ 1236; [2013] WLR (D) 385
“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”
NearlyLegal, 11th October 2013
Source: www.nearlylegal.co.uk
Link Financial Ltd v Jones [2012] EWHC 2402 (QB); [2012] WLR (D) 251
“A legal assignee of the debt due under a regulated consumer credit agreement which had given notice of the assignment to the debtor was a “creditor” within the meaning of section 189 of the Consumer Credit Act 1974 and entitled to bring proceedings to recover the debt.”
WLR Daily, 22nd August 2012
Source: www.iclr.co.uk
F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“; (Case C-213/10); [2012] WLR (D) 123
“Where a liquidator assigned a claim to have a transaction set aside derived from the national law applicable to the insolvency proceedings, the claim subsequently made by the assignee against a third party to have the transaction set aside came within the concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p1) and was no longer covered by the exception in article 2(b) for insolvency proceedings.”
WLR Daily, 19th April 2012
Source: www.iclr.co.uk
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