Interference with freedom or freedom through interference? The proposed regulations that would render “ban on assignment” clauses ineffective

This article recaps the history of the regulations that were published in draft form as the Business Contract Terms (Assignment of Receivables) Regulations 2017 (the Regulations) and subsequently withdrawn in late March 2017, that would, if re-introduced, be made under s 1 of the Small Business, Enterprise and Employment Act 2015 (the Act). It seeks to place the Regulations in their proper context internationally and to assess legal arguments as to how the Regulations affect the principle of freedom of contract under English law.

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Filed Under: JIBFL

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