header-logo header-logo

13 October 2011
Issue: 7485 / Categories: Case law , Law digest , In Court
printer mail-detail

Insolvency

Kapoor v National Westminster Bank and another [2011] EWCA Civ 1083, [2011] All ER (D) 42 (Oct)

It was settled law that an equitable assignee of debt was entitled in its own right and name to bring proceedings for the debt. The equitable assignee would usually be required to join the assignor to the proceedings in order to ensure that the debtor was not exposed to double recovery, but that was a purely procedural requirement and could be dispensed with by the court. By contrast, the assignor could not bring proceedings to recover the assigned debt in the assignor’s own name for the assignor’s own account. The assignor could sue as trustee for the assignee if the assignee agreed, and, in that event the claim had to disclose the assignor’s representative capacity.

In any other case, the assignor had to join the assignee, not because of a mere procedural rule but as a matter of substantive law in view of the insufficiency of the assignor’s title. A nominee chairing a creditors’ meeting called to consider the approval of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll