Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

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Gatehouse Chambers, 14th February 2024

Source: gatehouselaw.co.uk

Failed succession, residential care and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246. We first saw this very sad case on first instance in the High Court. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since 1965. Ms Mailley had lived at the property since she was 11 years old and was now 68.’

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Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk

Clients ordered to pay costs assigned by firm to non-lawyer – Legal Futures

Posted September 15th, 2023 in appeals, assignment, costs, fees, law firms, news, solicitors by tracey

‘A law firm’s former clients have lost their appeal against a decision that they owe outstanding fees to the non-lawyer who took assignment of their retainers.’

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Legal Futures, 15th September 2023

Source: www.legalfutures.co.uk

Firm wins £2.5m claim after client assigns loan to pay outstanding fees – Legal futures

Posted July 31st, 2023 in assignment, fees, law firms, loans, news by tracey

‘A London law firm that took an assignment of nearly £2.5m owed to a client to pay its fees has been granted summary judgment by the High Court.’

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Legal Futures, 31st July 2023

Source: www.legalfutures.co.uk

Construction law terms: assignment and novation – OUT-LAW.com

Posted July 17th, 2023 in assignment, construction industry, contracts, news by tracey

‘The terms “assignment” and “novation” are sometimes used interchangeably in relation to construction projects, but they are, in fact, very different.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

Remind me about … Sections 91 and 92 PA95 – Pensions Barrister

Posted March 30th, 2023 in assignment, chambers articles, forfeiture, news, pensions, set-off by sally

‘In the first of our “Remind me about” series, John Grocott-Barrett of Wilberforce Chambers summarises the law relating to these two important sections of the Pensions Act 1995. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’

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Pensions Barrister, 22nd March 2023

Source: www.pensionsbarrister.com

Court of Appeal issues reminder that funding arrangements need to comply with strict rules – OUT-LAW.com

Posted March 28th, 2022 in appeals, assignment, champerty, damages, law firms, news, solicitors by tracey

‘The English and Welsh Court of Appeal has handed down a judgment which should act as a reminder for law firms that any innovative funding arrangements must comply with statutory rules or risk being declared void.’

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OUT-LAW.com, 25th March 2022

Source: www.pinsentmasons.com

Firm to take champerty case to Supreme Court – Law Society’s Gazette

Posted March 18th, 2022 in appeals, assignment, champerty, law firms, news, solicitors, Supreme Court by tracey

‘A London commercial firm will ask the Supreme Court to develop the common law of champerty after an appeal over the assignment of its now-deceased client’s claim was dismissed.’

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Law Society's Gazette, 17th March 2022

Source: www.lawgazette.co.uk

CA upholds ban on solicitor taking assignment of client’s action – Legal Futures

Posted March 14th, 2022 in appeals, assignment, champerty, law firms, news, solicitors by tracey

‘The public policy behind the ban on a solicitor taking an assignment of their client’s cause of action prior to judgment holds good in the era of damages-based agreements (DBAs), the Court of Appeal has ruled.’

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Legal futures, 14th March 2022

Source: www.legalfutures.co.uk

Court of Appeal declines to ‘develop’ common law of champerty – Law Society’s Gazette

Posted March 14th, 2022 in appeals, assignment, champerty, law firms, news, solicitors by tracey

‘A London law firm has lost an appeal over the assignment of a now-deceased client’s claim to his solicitors, with the Court of Appeal confirming that “a solicitor acting for a client in legal proceedings may not validly take an assignment of the client’s cause of action prior to judgment.” ’

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Law Society's Gazette, 14th March 2022

Source: www.lawgazette.co.uk

Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted November 16th, 2021 in arbitration, assignment, choice of forum, enforcement, news, subsidiary companies by sally

‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’

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UKSC Blog, 16th November 2021

Source: ukscblog.com

High Court refuses to let law firm take place of deceased claimant – Legal Futures

Posted July 21st, 2021 in assignment, champerty, costs, damages, fees, law firms, news, third parties by sally

‘A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.’

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Legal Futures, 20th July 2021

Source: www.legalfutures.co.uk

Court blocks firm being substituted into claim of dead client – Law Society’s Gazette

Posted July 21st, 2021 in assignment, champerty, costs, damages, fees, law firms, news, third parties by sally

‘The High Court has refused an application from a London firm to be substituted for their deceased client in a £1.5m litigation claim.’

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Law Society's Gazette, 20th July 2021

Source: www.lawgazette.co.uk

Late night coding: who owns the results? – Mills & Reeve

‘In a recent dispute over employees and copyright ownership – Penhallurick v MD5 Limited – ownership of copyright in software created out of hours and on a home computer was in question. Did the employee have the right to take it with him when he left or was it owned by his employer?’

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Mills & Reeve, 3rd March 2021

Source: www.mills-reeve.com

New Judgment: Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland) [2020] UKSC 36 – UKSC Blog

‘The appeal related to a restrictive covenant given by the developer of a shopping centre in a lease that it granted to a retailer over part of the centre. In giving the covenant the developer and later Peninsula each undertook not to allow any substantial shop to be built on the rest of the centre in competition with the Dunnes. Peninsula then argued that the covenant engaged the doctrine of restraint of trade; that it was unreasonable; and that it was therefore unenforceable. The appeal to the Supreme Court concerned whether the covenant engages the doctrine.’

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UKSC Blog, 19th August 2020

Source: ukscblog.com

Promontoria (Oak) Limited v Emanuel [2020] EWHC 563 (Ch) – Tanfield Chambers

Posted May 29th, 2020 in assignment, debts, land registration, mortgages, news, repossession by sally

‘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.’

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Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk

High Court ruling “shows strength of Manolete model” – Litigation Futures

‘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.’

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Litigation Futures, 5th December 2019

Source: www.litigationfutures.com

Court rejects debtor’s challenge to the validity of assignment of debt (Nicoll v Promontoria (Ram 2) Ltd) – Littleton Chambers

Posted November 1st, 2019 in assignment, debts, insolvency, loans, news by sally

‘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.’

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Littleton Chambers, 3rd October 2019

Source: www.littletonchambers.com

High Commissioner for Pakistan in the United Kingdom v Prince Muffakham Jah and Others [2019] – Blackstone Chambers

‘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.’

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Blackstone Chambers, 2nd October 2019

Source: www.blackstonechambers.com

Bleak Choses? Trusting in equity – Practical Law: Construction Blog

Posted October 10th, 2019 in assignment, equity, news, third parties, trusts, warranties by tracey

‘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.’

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Practical Law: Construction Blog, 9th October 2019

Source: constructionblog.practicallaw.com