Damages claim validly assigned
Damages claim validly assigned
- 1992
- Financial Times 19 February 1992, 38(2) .
"Linden Garden Trust Ltd v Lenesta Sludge Disposals Ltd and others" CA 13 February 1992. "St Martins Property Corporation Ltd and another v Sir Robert McAlpine & Sons Ltd" CA 13 February 1992. The CA considered consecutive appeals by the parties in preliminary issues. Held that prohibition of assignment of a contract without contractor`s consent under the JCT form of building contract invalidates assignment of the benefit of the contract, but does not prevent assignment of non-personal rights arising under the contract including accrued rights to substantial damages for defective work. The assignee can therefore claim for causes of action arising before assignment. Appeal in first action allowed, appeal in second action dismissed.
ASSIGNMENT
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
DAMAGES
JCT FORMS
"Linden Garden Trust Ltd v Lenesta Sludge Disposals Ltd and others" CA 13 February 1992. "St Martins Property Corporation Ltd and another v Sir Robert McAlpine & Sons Ltd" CA 13 February 1992. The CA considered consecutive appeals by the parties in preliminary issues. Held that prohibition of assignment of a contract without contractor`s consent under the JCT form of building contract invalidates assignment of the benefit of the contract, but does not prevent assignment of non-personal rights arising under the contract including accrued rights to substantial damages for defective work. The assignee can therefore claim for causes of action arising before assignment. Appeal in first action allowed, appeal in second action dismissed.
ASSIGNMENT
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
DAMAGES
JCT FORMS