Assignment—key cases
Assignment—key cases

The following Banking & Finance practice note provides comprehensive and up to date legal information covering:

  • Assignment—key cases
  • Assignment—general points
  • Assignment—legal (statutory) or equitable
  • Importance and advantages of giving notice to debtor
  • Standing to sue debtor where assignment is equitable
  • Impact of prohibition or restriction on assignment

This Practice Note sets out certain key cases and relevant content in relation to assignment. The cases are divided by topic area and include:

  1. Assignment—general points

  2. Assignment—legal (statutory) or equitable

  3. Importance and advantages of giving notice to debtor

  4. Standing to sue debtor where assignment is equitable

  5. Impact of prohibition or restriction on assignment

Assignment—general points

Names of partiesJudgment dateCase summaryRelevant content
Row v Dawson (1749) 27 ER 106427 November 1749The court held that a draft upon a fund due out of the Exchequer constituted an equitable assignment that prevailed over other assignees in bankruptcy and that no particular words were necessary for the assignment to be valid.See Practice Note: Assignments by way of security
Tolhurst v Associated Portland Cement Manufacturers [1902] 2 KB 66012 August 1902The general principle is that the benefit of agreements may be freely assigned.
This case highlights the exception to this general principle that the benefit of personal contracts (eg publishing contracts or recording contracts) cannot be assigned.
See Practice Note: What constitutes a valid assignment of a contract?
Pan Ocean Shipping Co v Creditcorp (The Trident Beauty) [1994] 1 All ER 470 27 January 1994This case is authority for the rule that an assignment can transfer only rights under a contract and not duties, provided that they are independent of each other (Lord Woolf at

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