Scottish Widows plc v Stewart
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ 999, 14 July 2006. Concerns a lack of evidence of agreed assignment of, or contract to assign, the cause of action by one company to another, leading to the failure of a claim for damages. A motor repair company set up by S specialising in high performance cars suffered a loss of business when landlord W installed speed bumps on the approach roads to the estate. The judge decided that, as the business of this company was being carried on by a second company, it was this second company that had suffered the loss. After the loss, this second company either changed its name to that of the original company, or reassigned the business back to the original company, and went into liquidation. The judge decided there had been equitable assignment of cause of action and ruled that the original company could claim for damages. W appealed. "Held": W's appeal allowed. S did not include any evidence to show that the business, and thus the claim, had been reassigned to the original company.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 134285-2001 |
[2006] EWCA Civ 999, 14 July 2006. Concerns a lack of evidence of agreed assignment of, or contract to assign, the cause of action by one company to another, leading to the failure of a claim for damages. A motor repair company set up by S specialising in high performance cars suffered a loss of business when landlord W installed speed bumps on the approach roads to the estate. The judge decided that, as the business of this company was being carried on by a second company, it was this second company that had suffered the loss. After the loss, this second company either changed its name to that of the original company, or reassigned the business back to the original company, and went into liquidation. The judge decided there had been equitable assignment of cause of action and ruled that the original company could claim for damages. W appealed. "Held": W's appeal allowed. S did not include any evidence to show that the business, and thus the claim, had been reassigned to the original company.