Linden Gardens v Lenesta Sludge Disposals Ltd ; McLaughlin & Harvey plc ; and Ashwell Construction Co Ltd
Linden Gardens v Lenesta Sludge Disposals Ltd ; McLaughlin & Harvey plc ; and Ashwell Construction Co Ltd
- 1990
- Construction Industry Law Letter [1990] CILL 612-613(2) .
CA 13 February 1992. The court had to decide on the construction and effect of the prohibition on assignment. It was held that prohibition on assignment did prevent the benefit of the rights to call for the performance of the contracts from being assignable. However, assignment of benefits and claims for damages for the removal of asbestos under the contracts were allowed, where the cause of action had accrued at the date of the assignment.
ASSIGNMENT
JCT 1963 CLAUSE 17
CA 13 February 1992. The court had to decide on the construction and effect of the prohibition on assignment. It was held that prohibition on assignment did prevent the benefit of the rights to call for the performance of the contracts from being assignable. However, assignment of benefits and claims for damages for the removal of asbestos under the contracts were allowed, where the cause of action had accrued at the date of the assignment.
ASSIGNMENT
JCT 1963 CLAUSE 17