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

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form as the Business Contract Terms (Assignment of Receivables) Regulations 2017 (the Regulations) and subsequently withdrawn in late March 2017, that would, if re-introduced, be made under s 1 of the Small Business, Enterprise and Employment Act 2015 (the Act).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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About the author:

Neeta started her legal career at Allen & Overy in 2008 in the midst of the global financial crisis and the collapse of Lehmans where she gained most of her paralegal experience.

Neeta also did a short stint in litigation at the Revenue and Customs Prosecutions Office in 2006. Neeta graduated with a 2:1 honours degree from University of London, Queen Mary College and went on to obtain a distinction from the College of Law in the Legal Practice. She has been working at Lexis Nexis since April 2013.