Assignment of Debt in UK Law

  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 Junio 1997
    ... ... in particular on the scope of the provisions relating to the assignment of the investors' rights against third parties ... 6 As between I.C.S ... or otherwise relating to the Claim whether such claims shall arise in debt, breach of contract, tort, breach of trust or in any other manner ... ...
  • Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
    • House of Lords
    • 22 Julio 1993
    ... ... this case, the builder has a clause in the contract forbidding assignment without his consent and refuses to give consent as McAlpine has done. It ... invalidates any assignment by A to C (so as to entitle B to pay the debt to A) but not so as to preclude A from agreeing, as between himself and C, ... ...
  • Raiffeisen Zentralbank Osterreich AG v Five Star General Trading LLC and Others
    • Court of Appeal (Civil Division)
    • 26 Enero 2001
    ... ... other documents relative to the insurance effected on her, an assignment of such insurances ("in such form as the Bank may require") and notice of ... proprietary issue, to be resolved by the lex situs of the attached debt, that is by French law. Under French law, they submit, their attachment ... ...
  • Trendtex Trading Corporation v Credit Suisse
    • Court of Appeal (Civil Division)
    • 02 Mayo 1980
    ... ... 7 CREDIT SUISSE SEEK AN ASSIGNMENT OF TRENDTEX'S CAUSE OF ACTION ... 8 Trendtex ... Torrington (1920) 1 King's Bench 399 ; or an undisputed debt was assigned because this was regarded as a piece of property, see ... ...
  • Trendtex Trading Corporation v Credit Suisse
    • House of Lords
    • 22 Octubre 1981
    ... ... that the agreement, even if it involved (as I think it did) an assignment of Trendtex's residual interest in the CBN case, offended against the law ... that in the letter of the 7th November 1977 there referred to, that debt had been described as "reduced" to US $1,500,000 ... ...
  • Masri v Consolidated Contractors International UK Ltd and Others (No. 2)
    • Court of Appeal (Civil Division)
    • 06 Junio 2008
    ... ... debtors fully participated in the proceedings and the judgment debt presently stands (including interest) at about US$55 million. The judgment ... iii) An assignment from CCIC to CCOG dated 25 October 1992 ... 15 ... ...
  • Richard Dale Agnew and Another v The Commissioner of Inland Revenue and Another
    • Privy Council
    • 05 Junio 2001
    ... ... payable out of the proceeds of a floating charge in priority to the debt secured by the charge ... 10 A second mischief arose from the ... At first instance Farwell J said at p. 288: "If the assignment is to be treated as a specific mortgage or charge or disposition, then the ... ...
  • National Westminster Bank Plc v Spectrum Plus Ltd and Others
    • House of Lords
    • 30 Junio 2005
    ... ... for an incorporated company…, for the purpose of securing any debt or other obligation (including a cautionary obligation) incurred or to be ... Official Receiver (1888) 13 App Cas 523 established that an assignment of future book debts would be effective to vest in the assignee an ... ...
  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 Febrero 1998
    ... ... in the Omni Group and the second charge related to an intra-group debt as it has been described. OOL obtained a judgment for £30m. against Parc ... a letter of subrogation, being no more nor less than an express assignment of his rights of recovery against any third party. Subrogation in this ... ...
  • MacNiven v Westmoreland Investments Ltd
    • House of Lords
    • 08 Febrero 2001
    ... ... source from which a debtor obtains the money he uses in paying his debt is immaterial for the purpose of section 338. It matters not whether the ... a payment from Mallardchoice which was a capital payment for an assignment of its right to income ... 53 The Inland Revenue's argument, ... ...
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