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Back for good—new Business Contract Terms (Assignment of Receivables) Regulations 2018

Published on: 21 December 2018
Published by: LexisPSL
  • Back for good—new Business Contract Terms (Assignment of Receivables) Regulations 2018
  • What impact do the Business Contract Terms (Assignment of Receivables) Regulations 2018 have on rights of set-off (contractual and other)?
  • What practical steps should assignees and debtors consider to mitigate such impact?
  • Is there anything in the Regulations that is unclear or could lead to unintended consequences?
  • What should commercial lawyers take note of?

Article summary

Commercial analysis: Following the heavily criticised draft Business Contract Terms (Assignment of Receivables) Regulations 2017, the government has recently published the revised Business Contract Terms (Assignment of Receivables) Regulations 2018, designed to prohibit contractual clauses which prevent one party from assigning its right to payment to a third party. James Leighton, solicitor at DMH Stallard LLP, discusses the impact of the Regulations on the rights of set-off and considers the practical steps that assignees and debtors should consider to mitigate such impact. or take a trial to read the full analysis.

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