Kapoor v National Westminster Bank Plc

JurisdictionEngland & Wales
Neutral Citation[2011] EWCA Civ 1083
Date2012
Year2011
CourtCourt of Appeal (Civil Division)
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16 cases
  • Lazari Properties 2 Ltd v New Look Retailers Ltd
    • United Kingdom
    • Chancery Division
    • May 10, 2021
    ...of good faith and equality 86 The three Court of Appeal cases, all of which concerned IVAs, are: Somji; National Westminster Bank plc v Kapoor [2011] EWCA Civ 1083 (“ Kapoor”); and Gertner v CFL Finance Ltd [2018] EWCA Civ 1781 (“ 87 The first two cases were considered at length in Gertner:......
  • FW Aviation (Holdings) 1 Ltd v Vietjet Aviation Joint Stock Company
    • United Kingdom
    • King's Bench Division (Commercial Court)
    • July 31, 2024
    ...and the assignor does not need to be joined since, as Etherton LJ (as he then was) made clear in Kapoor v National Westminster Bank [2011] EWCA Civ 1083, [2012] 1 All ER 1201 [30] at [43], “the equitable assignee of a debt, and not the equitable assignor, has the substantive legal right to......
  • General Nutrition Investment Company v Holland and Barrett International Ltd (formerly known as Nbty Europe Ltd) and Another
    • United Kingdom
    • Chancery Division
    • April 7, 2017
    ... ... assignee to be able to enforce the claim against the debtor: see Kapoor v National Westminster Bank plc [2011] EWCA Civ 1083 at [30] (Etherton ... ...
  • AIB Mortgage Bank v Thompson
    • Ireland
    • High Court
    • July 31, 2017
    ...68 The Court of Appeal for England and Wales recently considered the question in Kapoor v. National Westminster Bank plc & Anor. [2012] 1 All ER 1201 where Etherton L.J. said at para. 30: ‘The current state of the authorities, binding on this court, is that an equitable assignee of debt is ......
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