The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
This Practice Note identifies a number of common assignment scenarios and key considerations when involved in such scenarios, such as intra-group assignment, assigning debts and warranties. For guidance on what constitutes a valid assignment of a contract, see Practice Note: What constitutes a valid assignment of a contract?
Companies within a group will usually want the right to transfer rights between them without consent.
This may arise, in particular, where any assignee may subsequently cease to be a member of the assignor's group. It may be that, in such an instance, the assignee is required to assign the rights back to the assignor or another member of the assignor's group immediately upon ceasing to be a member of the relevant group.
For analysis of some of the issues that may arise as a result, see Practice Note: Common issues in an intra-group reorganisation.
A bank, or other institution, providing finance to a buyer on a share or assets acquisition may require the benefit of an agreement to be assigned to it as part of its security from the buyer. An assignee cannot recover from the debtor more than the assignor could have done had the assignment never taken place.
The issue of assigning debts can give rise to particular problems where the original contract between the assignor
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234