Q&As

Is it possible to assign a judgment from any of the courts?

read titleRead full title
Published on LexisPSL on 23/06/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to assign a judgment from any of the courts?
  • Assignment of a judgment
  • Requirements for a valid legal assignment
  • Equitable assignment
  • Enforcing a judgment that has been assigned

Is it possible to assign a judgment from any of the courts?

We do not have a Precedent to assign a County Court judgment on Lexis® PSL. However, see Precedent: Assignment agreement.

Assignment of a judgment

A judgment is a chose of action which can be assigned. See Practice Note: In what circumstances can you assign a claim or cause of action?

There are two types of assignment which can be effective: legal and equitable. The former will result in the assignee becoming the sole owner of the judgment. The assignor will no longer have any interest in the judgment and will not be party to enforcement proceedings. See Practice Note: How do I assign a claim or cause of action?

Any other assignments are equitable. In the context of judgments, the assignor under an equitable assignment will ordinarily be required to remain a party to the proceedings with the assignee being added as co-claimant.

Requirements for a valid legal assignment

To constitute a legal assignment, the assignment document must comply with the criteria prescribed in section 136 of the Law of Property Act 1925. Thus, it must:

  1. be absolute (as opposed to conditional)

  2. be in writing signed by the assignor

  3. not purport to be by way of a charge only

  4. relate to the whole of the debt or chose in action (the assigned rights

Related documents:

Popular documents