Assignment and novation

Precedents

Notice of assignment—construction projects

Notice of assignment—construction projectsTo: [insert company name]Address: [insert address for the service of notices]Dear [insert name of...

16th Jul

Precedents

Deed of novation of a contractor—employer to second employer

Deed of novation of a contractor—employer to second employerThis Deed of novation is made the on [insert day] day of [insert month]...

Produced in partnership with Mills & Reeve 25th Jun

Q&As

Can you assign only part of the benefit of a collateral warranty?

Can you assign only part of the benefit of a warranty'>collateral warranty?Various parties will usually have an interest in a construction project, eg...

10th Jun

Q&As

Is it possible to novate part of an appointment ?

Is it possible to novate part of an appointment ?What is novation?Novation is the transfer of one party’s rights and obligations under a contract to a...

10th Jun

Q&As

Is it possible to assign the benefit of specific parts of a contract as opposed to the whole of it?

Is it possible to assign the benefit of specific parts of a contract as opposed to the whole of it?The starting point is that the benefit of a...

10th Jun

Q&As

Where a contractual debt has been assigned, can a counterclaim be brought against the assignee for the contracting party’s breach?

Where a contractual debt has been assigned, can a counterclaim be brought against the assignee for the contracting party’s breach?This Q&A uses the...

10th Jun

Q&As

Does an acknowledgement of a notice of assignment create enforceable obligations between the assignee and the recipient of the notice?

Does an acknowledgement of a notice of assignment create enforceable obligations between the assignee and the recipient of the notice?SummaryA simple...

10th Jun

Q&As

Is it possible to get round a prohibition on assignment by taking a charge or other security interest instead?

Is it possible to get round a prohibition on assignment by taking a charge or other security interest instead?This Q&A discusses whether or not a...

Produced in partnership with Brian Cain 10th Jun

Q&As

In the context of the 'rights, liabilities and obligations' of a party to a contract being transferred (contractually) entirely to another party, is the phrase '[transfer] the entire legal and beneficial interest [in the contract]', sufficient to cover all of the rights, liabilities and obligations being so transferred? Does the phrase, 'legal and beneficial interest', include the rights, liabilities and obligations terms or not at all?

In the context of the 'rights, liabilities and obligations' of a party to a contract being transferred (contractually) entirely to another party, is...

10th Jun

Q&As

Where a contract subject to English law is proposed to be assigned by one of the parties to a third party, is the consent of the other contracting party required where such contracting party is based overseas?

Where a contract subject to English law is proposed to be assigned by one of the parties to a third party, is the consent of the other contracting...

10th Jun

Q&As

If a contract contains an express right for one party to have the right to assign either or both of the benefit or the burden of the contract without the other party's consent, is that party able to do so as it sees fit? From reading it seems that the burden of a contract may only be novated as opposed to assigned. Is there a common law fetter on the parties freedom to contract as they see fit insofar as assignment of the burden of a contract is concerned?

If a contract contains an express right for one party to have the right to assign either or both of the benefit or the burden of the contract without...

10th Jun

Q&As

Can a party to a contract transfer its rights and/or obligations under it to a third party when the contract is silent on that point? Does a Contracts (Rights of Third Parties) Act 1999 clause affect that position?

Can a party to a contract transfer its rights and/or obligations under it to a third party when the contract is silent on that point? Does a Contracts...

10th Jun

Q&As

Is an email confirmation considered as adequate to satisfy the 'in writing' requirement for an assignment?

Is an email confirmation considered as adequate to satisfy the 'in writing' requirement for an assignment?An assignment is an immediate transfer of an...

10th Jun

Q&As

Can part of an original agreement (eg a schedule to the original agreement) be novated to the incoming party so that the outgoing party is released and discharged from all liabilities related to that schedule of the original agreement?

Can part of an original agreement (eg a schedule to the original agreement) be novated to the incoming party so that the outgoing party is released...

Produced in partnership with XXIV Old Buildings 10th Jun

Q&As

Can a party assign the benefit of an agreement where the agreement is silent about obtaining the consent of the other party?

Can a party assign the benefit of an agreement where the agreement is silent about obtaining the consent of the other party?An assignment is ‘an...

10th Jun

Precedents

Consultant form of collateral warranty to employer (post novation)

Consultant form of warranty'>collateral warranty to employer (post novation)Date [insert date] 20[insert year]Parties1[insert name of Consultant]...

8th Jun

Q&As

What is the significance of an equitable assignment in the context of the assignment of future rights under a contract (or a chose in action)?

What is the significance of an equitable assignment in the context of the assignment of future rights under a contract (or a chose in action)?An...

7th Jun

Q&As

If a tenant receives a collateral warranty (including step-in rights) from a consultant prior to the consultant's novation to the contractor, does the tenant require another collateral warranty from that consultant post-novation, or will the original collateral warranty (and step-in rights) survive the novation?

If a tenant receives a warranty'>collateral warranty (including step-in rights) from a consultant prior to the consultant's novation to the...

Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 5th Jun

Q&As

Is there any benefit to be gained by executing a novation agreement as a deed?

Is there any benefit to be gained by executing a novation agreement as a deed?There are two key features of deeds that distinguish them from simple...

5th Jun

Q&As

Can a collateral warranty, issued 18 years ago, be assigned to a subsequent purchaser in order to permit them to bring a claim for defects which have been discovered recently?

Can a warranty'>collateral warranty, issued 18 years ago, be assigned to a subsequent purchaser in order to permit them to bring a claim for defects...

5th Jun

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