Guest on the Law of Assignment, 4th Edition

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Guest on the Law of Assignment, 4th Edition

Author Dr Ying Khai Liew
Publication Date 2022 (South Asian Edition)
ISBN 9789393702869
Format
Hardcover 
Publisher Sweet & Maxwell

The practitioner who has a problem, issue, or case involving the voluntary assignment of things in action—whether they are providing counsel or getting ready for court—is the target audience for this book. This work allows the practitioner to locate a declaration of the law and then (if necessary) the authority that supports it, using the methodology used in works like Chitty on Contracts.

-Offers a complete explanation of the law of voluntary assignment, including the sources that support each issue or topic.
-Explains the nature of assignment, starting with a definition before describing choices in action and providing instances, outlining the prerequisites for assignment, and examining the connection between assignments and other transactions.
-Examines section 136 of the statute of Property Act of 1925's assignment statute, describing its application and requirements as well as the assignment of an equitable choose under section 136.
-covers both an equitable assignment of an equitable choice and of a legal choice. It then moves on to agreements to assign.
-Deals with restrictions on assignment, including clauses in contracts that forbid it, restrictions imposed by law or public policy, and covenants and personal contracts.
Covers the roles of creditors, bankruptcy trustees, the assignor's personal representatives, and the assignor company's liquidator.
-Examines the issues relating to priorities, such as those between rival assignees, rival holders of equity interests, and rival assignees and chargees under a charge imposed by a business.
-takes into account different priorities and particular priority rules.
Establishes the obligor's options for defence under assignments susceptible to equities, including those that challenge the validity or enforceability of the assigned choice in action, set-off, and retainer right.
-Review of the different financing options for assignments, including coverage of factoring, block discounts, and securitization
-examines instances where duties or liabilities are transferred.

-updated with fresh legal precedent, such as:

  • Alina Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980
  • Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865
  • First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd [2018] EWCA Civ 14
  • Recovery Partners GB Ltd v Rukhadze [2018] EWHC 2918 (Comm)
  • Zagora Management Ltd v Zurich Insurance Plc [2019] EWHC 140 (TCC)
  • BGL BNP Paribas SA v TeamBank AG Nürnberg (C-548/18) (2019) CJEU 848
  • BXH v BXI [2019] SGHC 141
  • Bowack v Saxton [2020] EWHC 1049 (Ch)
  • Ezair v Conn [2020] EWCA Civ 687
  • Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd [2020] EWHC 1938 (Ch)
  • Yang v Chen [2020] HKCFI 235

-Discussion was expanded at several times, most notably:

  • Regarding how Brexit will affect the application of the norms of conflict of laws to assignments;
  • With regard to the impact of the European Commission's proposed rule (COM(2018)96) and the European Court of Justice's ruling in BGL BNP Paribas SA v. TeamBank AG Nürnberg (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I rule on the law applicable to third-party consequences of an assignment;
  • Regarding the Business Contract Terms (Assignment of Receivables) Regulations 2018, which renders non-assignment clauses inapplicable in certain situations when financing receivables;
  • Regarding the conditional benefit principle's applicability to the assignability of burdens, the link between consent, assignment, and novation in situations where an entire contract is ostensibly being assigned, and the assignability of conditional fee agreements (CFAs);
  • Regarding the arguments in favour of the doctrine of reciprocity in the context of a contract to assign a future choice;
  • relating to whether it is fair to refuse to give consent when doing so is necessary for an assignment;
  • relating to the necessity of the relationship between the property and the assignment of a right of action incidental to that property;
  • regarding the 'genuine commercial interest' test for assignability of causes of action in modern legal theory.

For convenience of reference, the revised edition has renumbered paragraphs and added references to relevant new scholarly papers.

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