Assignment—key cases
Assignment—key cases

The following Banking & Finance guidance 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 parties Judgment date Case summary Relevant content
Row v Dawson (1749) 27 ER 1064 27 November 1749 The 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 660 12 August 1902 The 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)