guest on the law of assignment 4th ed

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Guest on the Law of Assignment Hardcover – 24 May 2021

• ISBN-10 0414088778
• ISBN-13 978-0414088771
• Edition 4th
• Publisher Sweet & Maxwell
• Publication date 24 May 2021
• Language English
• Print length 352 pages
• See all details

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• Publisher ‏ : ‎ Sweet & Maxwell; 4th edition (24 May 2021)
• Language ‏ : ‎ English
• Hardcover ‏ : ‎ 352 pages
• ISBN-10 ‏ : ‎ 0414088778
• ISBN-13 ‏ : ‎ 978-0414088771
• 75,084 in Law (Books)

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* Guest on the Law of Assignment 4th ed

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NOT YET PUBLISHED

This title provides you with all the guidance you need on the law governing the voluntary assignment of things in action. It covers the nature of assignment, equitable assignments, restrictions, priorities, liabilities, conflict of law and more. The commentary is clear and concise and follows the approach of titles such as Chitty on Contracts – enabling you to find a statement of law and, for each issue or topic, the authority that supports it.

• Defines assignment before outlining and giving examples of choses in action, detailing the requirements for assignment and looking at the relationship of assignment and other transactions.
• Examines the law of assignment under section 136 of the Law of Property Act 1925.
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose.
• Deals with restrictions on assignment and covers contractual terms forbidding assignment, prohibition by statute or public policy and personal contracts and covenants.
• Discusses the position of creditors, trustees in bankruptcy and personal representatives of the assignor and the liquidator of an assignor company.
• Analyses the problems associated with priorities including those between competing assignees, competing holders of interests in shares and an assignee and a chargee under a charge created by a company.
• Considers special priority rules and variation of priorities.
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer.
• Reviews available financing devices, factoring, block discounts and securitisation.
• Looks at situations where there is assignment of obligations or liabilities.

The fifth edition has been comprehensively updated throughout to ensure you have the latest guidance at your fingertips. Key changes include new discussions on whether a contract reflects a single chose in action or a bundle of choses and an examination of the distinctions between an intention to assign and contractual intention. It also addresses whether the debtor or obligor has a right to sight the assignment.

Other new features of this edition include:

• Additional new commentary on the redaction of documents relied on in court; the effects of backdating an assignment; the doctrine of relation on the assignee’s interest before the chose is assigned; whether termination of a contract affects a non-assignment clause; and priority between beneficiary under a trust and assignee of the trustee.
• Expanded commentary on relief by way of interpleader; agreements to assign an existing chose in the future; form of writing for equitable assignments of equitable choses; prohibitions on assignment; marshalling; abatement; and equitable set-off.
• Updated with new UK case law including:  Promontoria (Oak) Ltd v Emanuel  [2021] EWCA Civ 1682, [2022] 1 WLR 2004;  Hudson v Hathway  [2022] EWCA Civ 1648, [2023] K.B. 345;  Farrar (Deceased) v Miller  [2021] EWHC 1950 (Ch);  Farrar v Miller  [2022] EWCA Civ 295;  Re Smith  [2021] EWHC 1272 (Comm);  LA Micro Group (UK) Ltd v LA Micro Group Inc  [2023] EWCA Civ 214, [2024] Ch. 1;  Phoenix Group Foundation v Harbour Fund II LP  [2023]  EWCA Civ 36; Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd  [2024] EWCA Civ 5; and  Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd  [2022] EWHC 3275 (TCC), 206 Con. L.R. 40
• Relevant cases from other jurisdictions including:  Re O'Hara-Tucker  [2022] VSC 572 (Australia);  Billabong Gold Pty Ltd v Vango Mining Ltd (No. 2)  [2023] WASCA 58 (Australia);  Winland Finance Ltd v Gain Hero Finance Ltd  [2022] HKCFA 3 (Hong Kong); and  Gravitas International Associates Pte Ltd v Invictus Group Pte Ltd  [2022] SGHC 2 (Singapore).

The Nature of Assignment;  Assignments under Section 136 of the Law of Property Act 1925; Equitable Assignments and Agreements to Assign;  Restrictions on Assignment;  Validity of Assignment against Creditors and Successors in Title of the Assignor;  Priorities;  Assignment subject to Equities:  Defences available to the Obligor;  Financing Devices involving Assignment;  Assignment of Obligations or Liabilities;  Conflict of Laws

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Guest & Liew on the Law of Assignment 5th ed

The fifth edition has been comprehensively updated throughout to ensure you have the latest guidance at your fingertips. Key changes include new discussions on whether a contract reflects a single chose in action or a bundle of choses and an examination of the distinctions between an intention to assign and contractual intention. It also addresses whether the debtor or obligor has a right to sight the assignment.

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Sweet & Maxwell’s Guest on The Law of Assignment by Ying Khai Liew – South Asian Reprint of the 4th Edition

₹ 11,500.00 Original price was: ₹11,500.00. ₹ 9,200.00 Current price is: ₹9,200.00.

Sweet & Maxwell’s Guest on The Law of Assignment by Ying Khai Liew – South Asian Reprint of the 4th Edition.

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This book is intended for the practitioner who has a problem, issue or case involving the voluntary assignment of things in action, either in giving advice or preparing litigation. Following the approach of titles such as Chitty on Contracts, this work enables the practitioner to find a statement of the law and then (if necessary) the authority that supports it.

• Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
• Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
• Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
• Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
• Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
• Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
• Considers special priority rules and variation of priorities
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
• Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
• Looks at situations where there is assignment of obligations or liabilities

The new edition contains expanded discussion at various points, most significantly:

• Concerning the effect of Brexit on conflict of law rules as applicable to assignments;
• Concerning the effect of the European Commissions’ draft regulation (COM(2018)96) and the ECJ’s decision in BGL BNP Paribas SA v TeamBank AG Nürnberg (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I Regulation on the law applicable to third-party effects of an assignment;
• Concerning the Business Contract Terms (Assignment of Receivables) Regulations 2018, which nullifies non-assignment clauses in certain circumstances in the context of the financing of receivables;
• Concerning the assignability of conditional fee agreement (CFAs), the relevance of the conditional benefit principle on the assignability of burdens, and the relationship between consent, assignment, and novation where an entire contract is purported to be assigned;
• Concerning the justifications for the doctrine of relation back in the context of an agreement to assign a future chose;
• Concerning the reasonableness of the withholding of consent where consent is required for an assignment;
• Concerning the assignment of right of action incidental to property and the necessary relationship between the assignment and the property;
• Concerning the modern judicial attitude towards the ‘genuine commercial interest’ criterion in relation to the assignability of causes of action.
• The new edition has added references to new academic articles of interest, and re-numbering of paragraphs for ease of reference.
• Binding : Hardcover
• Publisher : Sweet & Maxwell
• Author : Ying Khai Liew
• Edition : South Asian Reprint of the 4th Edition
• Language :  English
• ISBN-10 : 9789393702869
• ISBN-13 : 9789393702869

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Guest on the Law of Assignment 5th ed. ALSO AVAILABLE ONLINE Category: Contracts Author(s): Liew, Y K Publisher, ISBN etc: Sweet & Maxwell

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Guest on the Law of Assignment Hardcover

• Language English
• Publisher Sweet & Maxwell
• ISBN-10 0414062752
• ISBN-13 978-0414062757
• See all details

Product details

• Language ‏ : ‎ English
• ISBN-10 ‏ : ‎ 0414062752
• ISBN-13 ‏ : ‎ 978-0414062757
• Item Weight ‏ : ‎ 1.41 pounds

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Guest on the Law of Assignment, 4th Edition

The practitioner who has a problem, issue, or case involving the voluntary assignment of things in action—whether they are providing counsel or getting ready for court—is the target audience for this book. This work allows the practitioner to locate a declaration of the law and then (if necessary) the authority that supports it, using the methodology used in works like Chitty on Contracts.

-updated with fresh legal precedent, such as:

• Alina Budana v The Leeds Teaching Hospitals NHS Trust   [2017] EWCA Civ 1980
• Ndole Assets Ltd v Designer M&E Services UK Ltd   [2018] EWCA Civ 2865
• First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd   [2018] EWCA Civ 14
• Recovery Partners GB Ltd v Rukhadze   [2018] EWHC 2918 (Comm)
• Zagora Management Ltd v Zurich Insurance Plc   [2019] EWHC 140 (TCC)
• BGL BNP Paribas SA v TeamBank AG Nürnberg   (C-548/18) (2019) CJEU 848
• BXH v BXI   [2019] SGHC 141
• Bowack v Saxton   [2020] EWHC 1049 (Ch)
• Ezair v Conn   [2020] EWCA Civ 687
• Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd   [2020] EWHC 1938 (Ch)
• Yang v Chen   [2020] HKCFI 235

-Discussion was expanded at several times, most notably:

• Regarding how Brexit will affect the application of the norms of conflict of laws to assignments;
• With regard to the impact of the European Commission's proposed rule (COM(2018)96) and the European Court of Justice's ruling in BGL BNP Paribas SA v. TeamBank AG Nürnberg (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I rule on the law applicable to third-party consequences of an assignment;
• Regarding the Business Contract Terms (Assignment of Receivables) Regulations 2018, which renders non-assignment clauses inapplicable in certain situations when financing receivables;
• Regarding the conditional benefit principle's applicability to the assignability of burdens, the link between consent, assignment, and novation in situations where an entire contract is ostensibly being assigned, and the assignability of conditional fee agreements (CFAs);
• Regarding the arguments in favour of the doctrine of reciprocity in the context of a contract to assign a future choice;
• relating to whether it is fair to refuse to give consent when doing so is necessary for an assignment;
• relating to the necessity of the relationship between the property and the assignment of a right of action incidental to that property;
• regarding the 'genuine commercial interest' test for assignability of causes of action in modern legal theory.

For convenience of reference, the revised edition has renumbered paragraphs and added references to relevant new scholarly papers.

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• Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
• Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
• Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
• Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
• Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
• Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
• Considers special priority rules and variation of priorities
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
• Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
• Looks at situations where there is assignment of obligations or liabilities
• Updated with new case law, including:
• Alina Budana v The Leeds Teaching Hospitals NHS Trust  [2017] EWCA Civ 1980
• Ndole Assets Ltd v Designer M&E Services UK Ltd  [2018] EWCA Civ 2865
• First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd  [2018] EWCA Civ 14
• Recovery Partners GB Ltd v Rukhadze  [2018] EWHC 2918 (Comm)
• Zagora Management Ltd v Zurich Insurance Plc  [2019] EWHC 140 (TCC)
• BGL BNP Paribas SA v TeamBank AG Nürnberg  (C-548/18) (2019) CJEU 848
• BXH v BXI  [2019] SGHC 141
• Bowack v Saxton  [2020] EWHC 1049 (Ch)
• Ezair v Conn  [2020] EWCA Civ 687
• Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd  [2020] EWHC 1938 (Ch)
• Yang v Chen  [2020] HKCFI 235
• Expanded discussion at various points, most significantly:
• Concerning the effect of Brexit on conflict of law rules as applicable to assignments;
• Concerning the effect of the European Commissions’ draft regulation (COM(2018)96) and the ECJ’s decision in  BGL BNP Paribas SA v TeamBank AG Nürnberg  (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I Regulation on the law applicable to third-party effects of an assignment;
• Concerning the Business Contract Terms (Assignment of Receivables) Regulations 2018, which nullifies non-assignment clauses in certain circumstances in the context of the financing of receivables;
• Concerning the assignability of conditional fee agreement (CFAs), the relevance of the conditional benefit principle on the assignability of burdens, and the relationship between consent, assignment, and novation where an entire contract is purported to be assigned;
• Concerning the justifications for the doctrine of relation back in the context of an agreement to assign a future chose;
• Concerning the reasonableness of the withholding of consent where consent is required for an assignment;
• Concerning the assignment of right of action incidental to property and the necessary relationship between the assignment and the property;
• Concerning the modern judicial attitude towards the ‘genuine commercial interest’ criterion in relation to the assignability of causes of action.
• Added references to new academic articles of relevance;
• Re-numbering of paragraphs for ease of reference.

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Guest on the Law of Assignment 5th Ed

Accounts receivable, acknowledgment, administration, after-acquired property, “agreements to assign”, arbitration clauses, asset securitisation, beneficial interests, benefits of covenants, bills of costs, bills of lading, block discounting, burdens of covenants, choses in action, conditional benefit, confidential information, conflict of laws, consideration, construction contracts, consumer protection, contract terms, contracts of employment, contractual liability, contractual obligations, contractual rights, contractual set-off, credit insurance, crown set-off, database right, debt collection, dematerialised securities, direct credit transfers, disclaimers, documentary intangibles, donatio mortis causa, employment contracts, equitable assignment, equitable charges, “equitable choses in action”, equitable interests, equitable set-off, existing choses, extortionate credit transactions, financial collateral arrangements, financial instruments, financial orders, floating charges, future choses, genuine commercial interest, gratuitous assignments, indemnities, insolvency set-off, insurance monies, insurance policies, intangible goods, intellectual property, intermediated securities, interpleader proceedings, “invoice trading platforms”, joint tenants, judgment debts, legal assignment, “legal choses in action”, legal set-off, letters of credit, life insurance, liquidators, maintenance, maintenance and champerty, marine insurance, marshalling, material changes, material impairment, mere equities, money claims, moral rights, negative pledges, negotiable instruments, negotiation, non-assignment clauses, notices of assignment, partial assignment, partnership shares, pension benefits, personal contracts, personal representatives, powers of attorney, pre-emption rights, preferences, proceeds of insurance, profit sharing, prohibition on assignment, promissory notes, public officers, public policy, receivables, rectification, registered design, relation back, remuneration, repurchase agreements, restitution, restraint of trade, retention money, ring-fencing, rome i regulation, rule in dearle v hall, sale and repurchase agreements, securitisation, share of profits, social security benefits, statutory assignment, subject matter, “subject to equities rule”, subordination agreements, subrogation, third party rights, trade marks, transactions at an undervalue, transactions defrauding creditors, trustees in bankruptcy, uncertificated securities, unfair relationships, unidroit conventions, unregistered designs, unsecured creditors, vicarious performance, winding-up petitions.

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Guest & Liew on the Law of Assignment, 5th Edition

• Author: Professor Anthony Guest
• Publisher: Sweet & Maxwell U.K.
• ISBN: 9780414119758
• Published In: June 2024
• Format: Hardback , 282 pages
• Jurisdiction: U.K.  ? Disclaimer: Countri(es) stated herein are used as reference only

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• Description  
• Contents  

This title provides you with all the guidance you need on the law governing the voluntary assignment of things in action. It covers the nature of assignment, equitable assignments, restrictions, priorities, liabilities, conflict of law and more. The commentary is clear and concise and follows the approach of titles such as Chitty on Contracts – enabling you to find a statement of law and, for each issue or topic, the authority that supports it.

• Defines assignment before outlining and giving examples of choses in action, detailing the requirements for assignment and looking at the relationship of assignment and other transactions.
• Examines the law of assignment under section 136 of the Law of Property Act 1925.
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose.
• Deals with restrictions on assignment and covers contractual terms forbidding assignment, prohibition by statute or public policy and personal contracts and covenants.
• Discusses the position of creditors, trustees in bankruptcy and personal representatives of the assignor and the liquidator of an assignor company.
• Analyses the problems associated with priorities including those between competing assignees, competing holders of interests in shares and an assignee and a chargee under a charge created by a company.
• Considers special priority rules and variation of priorities.
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer.
• Reviews available financing devices, factoring, block discounts and securitisation.
• Looks at situations where there is assignment of obligations or liabilities.

The fifth edition has been comprehensively updated throughout to ensure you have the latest guidance at your fingertips. Key changes include new discussions on whether a contract reflects a single chose in action or a bundle of choses and an examination of the distinctions between an intention to assign and contractual intention. It also addresses whether the debtor or obligor has a right to sight the assignment.

Other new features of this edition include:

• Additional new commentary on the redaction of documents relied on in court; the effects of backdating an assignment; the doctrine of relation on the assignee’s interest before the chose is assigned; whether termination of a contract affects a non-assignment clause; and priority between beneficiary under a trust and assignee of the trustee.
• Expanded commentary on relief by way of interpleader; agreements to assign an existing chose in the future; form of writing for equitable assignments of equitable choses; prohibitions on assignment; marshalling; abatement; and equitable set-off.
• Updated with new UK case law including:  Promontoria (Oak) Ltd v Emanuel  [2021] EWCA Civ 1682, [2022] 1 WLR 2004;  Hudson v Hathway  [2022] EWCA Civ 1648, [2023] K.B. 345;  Farrar (Deceased) v Miller  [2021] EWHC 1950 (Ch);  Farrar v Miller  [2022] EWCA Civ 295;  Re Smith  [2021] EWHC 1272 (Comm); LA  Micro Group (UK) Ltd v LA Micro Group Inc  [2023] EWCA Civ 214, [2024] Ch. 1;  Phoenix Group Foundation v Harbour Fund II LP  [2023] EWCA Civ 36;  Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd  [2024] EWCA Civ 5; and  Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd  [2022] EWHC 3275 (TCC), 206 Con. L.R. 40
• Relevant cases from other jurisdictions including:  Re O'Hara-Tucker  [2022] VSC 572 (Australia);  Billabong Gold Pty Ltd v Vango Mining Ltd  (No. 2) [2023] WASCA 58 (Australia);  Winland Finance Ltd v Gain Hero Finance Ltd  [2022] HKCFA 3 (Hong Kong); and  Gravitas International Associates Pte Ltd v Invictus Group Pte Ltd  [2022] SGHC 2 (Singapore).
• The Nature of Assignment;
• Assignments under Section 136 of the Law of Property Act 1925;
• Equitable Assignments and Agreements to Assign;
• Restrictions on Assignment;
• Validity of Assignment against Creditors and Successors in Title of the Assignor;
• Priorities;
• Assignment subject to Equities:
• Defences available to the Obligor;
• Financing Devices involving Assignment;
• Assignment of Obligations or Liabilities;

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