Co-Operative Group Limited v Stansell Limited and David Roger Dyer
Co-Operative Group Limited v Stansell Limited and David Roger Dyer
- 2006
[2006] EWCA Civ 538, 9 May 2006. Appeal by C against a decision that a right to sue S for breach of a building contract could not be transferred by another society, X, under the Industrial and Provident Societies Act 1965 s51 without obtaining S's consent under the contract. S had been employed to construct a warehouse by X. The contract provided that neither party could assign without the other's consent. X transferred the whole of its property and assets to C; neither X or C informed S of the transfer of engagements. When C claimed against S, S disputed its ability to do so. The judge held that a transfer of engagements under the Act did not override the contractual prohibition against assignment. "Held": s51 vested the benefit of the building contract in C, notwithstanding the prohibition against assignment in the contract and the absence of consent by S. The language and purpose of the Act dispensed with the need for S to consent to the transfer of the benefit of the building contract to C. Appeal allowed.
CO-OPERATIVE GROUP LTD V STANSELL LTD AND ANOTHER
INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1965
England and Wales--1543-
[2006] EWCA Civ 538, 9 May 2006. Appeal by C against a decision that a right to sue S for breach of a building contract could not be transferred by another society, X, under the Industrial and Provident Societies Act 1965 s51 without obtaining S's consent under the contract. S had been employed to construct a warehouse by X. The contract provided that neither party could assign without the other's consent. X transferred the whole of its property and assets to C; neither X or C informed S of the transfer of engagements. When C claimed against S, S disputed its ability to do so. The judge held that a transfer of engagements under the Act did not override the contractual prohibition against assignment. "Held": s51 vested the benefit of the building contract in C, notwithstanding the prohibition against assignment in the contract and the absence of consent by S. The language and purpose of the Act dispensed with the need for S to consent to the transfer of the benefit of the building contract to C. Appeal allowed.
CO-OPERATIVE GROUP LTD V STANSELL LTD AND ANOTHER
INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1965
England and Wales--1543-