000 01312cab a2200229 4500
001 WB2808-05
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u39264
041 _aeng
245 _aDamages claim validly assigned
260 _c1992
350 _a0
490 _aFinancial Times
_v19 February 1992, 38(2)
520 _a"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.
650 _aASSIGNMENT
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650 _aDAMAGES
650 _aJCT FORMS
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c25202
_d25202