The following Dispute Resolution practice 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 and the debtor contains specific provisions which may enable
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
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