Assignment of Debt in UK Law

  • Blockchain In International Trade Execution
    • Mondaq UK
    ... ... While the statutory provisions governing the legal sale and assignment of debt are still governed in principle by legislation dating back to 1925 ... ...
  • Landmark Privy Council Ruling Establishes Scope And Ranking Of Ex-trustees' Interest In An Insolvent Trust
    • Mondaq UK
    ... ... The Jersey Respondent argued that its debt was first in time and ... consequently took priority over the claims of ... Guernsey Trust took an assignment of the (now) judgment debts due ... to the two BVI companies and submitted ... ...
  • FAQs on assignments in finance transactions
    • JD Supra United Kingdom
    This note aims to provide brief and practical answers to common questions on the law of assignment in English law finance transactions. Please see full Publication below for more information.
    ... ... , not ice to the debtor is not enough by itself to make an assignment a legal assignment. The full requirements for a legal assignment are ... notice to the debt or is capable of establishing the priority of the assignment over later ... ...
  • Direction To Pay Amounted To An Equitable Assignment
    • Mondaq United Kingdom
    ... ... Harrison's company (MPH) was inserted, along with bank details. In due course Mr & Mrs Burridge obtained a third party debt order against MPH. The issue for decision in the Court of Appeal was whether the payment from West Ham at the time of the debt order was due to ... ...
  • Security assignments – not always what they say they are?
    • JD Supra United Kingdom
    The nature of security created under a security document does not always match its description in the document. Charlotte Drake explains how this recharacterisation risk can apply to security assig...
    ... ... Is an "absolute" security assignment legal or equitable? ... Legal assignments – key requirements ... ... assignment will not be absolute if it is conditional, or of part of a debt. However, a security assignment can qualify (provided it is not "by way of ... ...
  • Security Assignments – Not Always What They Say They Are?
    • Mondaq UK
    ... ... Is an "absolute" security assignment legal or equitable? ... Legal assignments - key requirements ... assignment will not be absolute if it is conditional, or of part of a debt. However, a security assignment can qualify (provided it is not "by way of ... ...
  • Easing The Barriers To Invoice Financing - An Override In The Face Of Prohibitions And Restrictions On Assignment In Commercial Contracts
    • Mondaq UK
    ... ... This will go some way to allowing borrowers to access debt finance without the need for them to incur the administrative cost or deal with potentially sensitive commercial arrangements with debtors. It will ... ...
  • Court Of Appeal Decision Has Confirmed That Restrictions On Assignment Of Receivables Need Not Be Barriers To Receivables Financing
    • Mondaq UK
    ... ... ) entered into an English law purchase letter agreement with BPOI under which NBAD agreed to purchase 95% of the receivable, representing the debt owed by SAMIR to BPOI for the oil. The purchase letter represented a form of non-recourse receivables financing. BPOI transferred to NBAD almost all ... ...
  • Suing For Book Debts After Assignment: Who Can Bring Proceedings?
    • Mondaq United Kingdom
    ... ... where it was stated that "if it is clear from the instrument as a whole that the intention was to pass all of the rights of the assignor in the debt or chose in action to the assignee the case will come within section 25 of the Judicature Act and the action must be brought in the name of the ... ...
  • Prohibitions On Restrictions To Assignment Of Receivables
    • Mondaq UK
    ... ... Such terms will often prevent, or make it much more expensive and time-consuming to achieve, the assignment or granting of a charge over the debt ... The Impact of the Small Business, Enterprise and Employment Act 2015 ... Certain provisions of the (the "Act") came into force on 26 May ... ...
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