Podcast Location:
Download it here [file size: 30.1 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to introduce listeners (or refresh where appropriate) about the complex rules of assignment. It will address the various distinctions between a legal, equitable and statutory assignment and the practical effects of each. This podcast will also look at the restrictions on the right to assign, both as a matter of general law and also by the parties to an agreement.

Outcomes:
After completing the course you will:
  • Understand what an assignment is;
  • Understand how an assignment can be effected;
  • Be aware of the legal restrictions on the ability to assign a chose in action;
  • Understand the distinction between a legal and equitable assignment and be aware of the features of both;
  • Understand the respective rights, liabilities and defences of the parties before and after an assignment;
  • Be aware of the various contractual means to prevent assignment;
  • Understand the role of the ancient rules on maintenance and champerty in relation to assignment.
Level:
General Interest Difficulty: 2 of 5
Classification:
Introduction
Legal Principles
Sources and References:
  • Re Vandervell's Trusts (No 2) [1974] Ch 269;
  • Law of Property Act 1925 ss 53(1)(c), 136;
  • Don King Productions Inc v Frank John Warren and others [1998] EWCA Civ 1794;
  • Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd [1993] UKHL 4;
  • Barbados Trust Company Limited v (1) Bank of Zambia (2) Bank of America N.A. [2007] EWCA Civ 148;
  • Trendtex Trading Corp v Credit Suisse [1982] AC 679.
Tags:

This podcast is about the rules of assignment, what can be assigned, how and what restriction are there on the right to assign?

Podcast last reviewed: 2011-03-28

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