Transferring contracts and rights of third parties

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Transferring contracts and rights of third parties content

Practice notes
Contract disputes—key and illustrative decisionsNOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use...
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16th Sep
Q&As
Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?In order to determine whether an...
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15th Sep
Practice notes
Third party rights—the Contracts (Rights of Third Parties) Act 1999This Practice Note considers third party rights in relation to contracts under the...
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15th Sep
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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15th Sep
Practice notes
Contracts (Rights of Third Parties) Act 1999—practical illustrations and considerationsThis Practice provides some practical illustrations of the...
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15th Sep
Practice notes
Getting the Deal Through: Commercial Contracts 2020Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia;...
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13th Sep
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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9th Sep
Practice notes
In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted...
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2nd Sep
Practice notes
Common issues in an intra-group reorganisationAn intra-group reorganisation involves the transfer of group company share capital or group assets...
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23rd Aug
Practice notes
Contracts and third party rightsThis Practice Note considers why a third party may wish to rely on a contract to which it is not privy, and whether...
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19th Aug
Practice notes
Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...
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Produced in partnership with Jon Chapman of Clarkslegal LLP 19th Aug
Practice notes
When is variation of a contract valid?There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with...
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19th Aug
Practice notes
What constitutes a valid assignment of a contract?This Practice Note identifies what can be transferred when assigning rights under a contract and how...
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19th Aug
Practice notes
How do I assign a claim or cause of action?This Practice Note considers how you may assign a claim or cause of action in law or in equity, including...
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19th Aug
Practice notes
Assigning contracts—common scenarios and considerationsThis Practice Note identifies a number of common assignment scenarios and key considerations...
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18th Aug
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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11th Aug
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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11th Aug
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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11th Aug

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