Assignment and novation

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Most recent Assignment and novation content

Precedents
Notice of assignment—construction projectsTo: [insert company name]Address: [insert address for the service of notices]Dear [insert name of...
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16th Jul
Precedents
Deed of novation of a contractor—employer to second employerThis Deed of novation is made the on [insert day] day of [insert month]...
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Produced in partnership with Mills & Reeve 25th Jun
Q&As
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...
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10th Jun
Q&As
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...
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10th Jun
Q&As
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...
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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?This Q&A uses the...
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10th Jun
Q&As
Does an acknowledgement of a notice of assignment create enforceable obligations between the assignee and the recipient of the notice?SummaryA simple...
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10th Jun
Q&As
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...
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Produced in partnership with Brian Cain 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...
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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...
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10th Jun
Q&As
Is an email confirmation considered as adequate to satisfy the 'in writing' requirement for an assignment?An assignment is an immediate transfer of an...
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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...
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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?An assignment is ‘an...
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10th Jun
Precedents
Consultant form of warranty'>collateral warranty to employer (post novation)Date [insert date] 20[insert year]Parties1[insert name of Consultant]...
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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)?An...
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7th Jun
Q&As
If a tenant receives a warranty'>collateral warranty (including step-in rights) from a consultant prior to the consultant's novation to the...
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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?There are two key features of deeds that distinguish them from simple...
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5th Jun
Q&As
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...
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5th Jun

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