Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and others; St Martins Property Corporation Ltd and St Martins Property Investments Ltd v Sir Robert McAlpine & Sons Ltd
Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and others; St Martins Property Corporation Ltd and St Martins Property Investments Ltd v Sir Robert McAlpine & Sons Ltd
- 1992
- Construction Industry Law Letter (1992) CILL 731-736(6) .
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 under the contracts were allowed, where the cause of action had accrued at the date of the assignment.
ASSIGNMENT OF BENEFITS
ASSIGNMENT
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CONTRACT CLAIMS
LINDEN GARDENS TRUST V LENESTA SLUDGE DISPOSALS
PROHIBITION
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 under the contracts were allowed, where the cause of action had accrued at the date of the assignment.
ASSIGNMENT OF BENEFITS
ASSIGNMENT
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CONTRACT CLAIMS
LINDEN GARDENS TRUST V LENESTA SLUDGE DISPOSALS
PROHIBITION