000 01792cab a2200205 4500
001 ##L134520
008 060814n2006 000 0 eng u
035 _a(Sirsi) u134520
041 0 _aeng
245 0 0 _aCo-Operative Group Limited v Stansell Limited and David Roger Dyer
260 _c2006
520 _a[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.
590 _aIKA220806
650 2 4 _aCO-OPERATIVE GROUP LTD V STANSELL LTD AND ANOTHER
650 2 4 _aINDUSTRIAL AND PROVIDENT SOCIETIES ACT 1965
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/538.html
_zView the item free of charge at www.bailii.org/...
942 _n0
999 _c77549
_d77549