||All England Reporter
|| All ER (D) 226 (Jan)
|| EWCA Civ 18
||Court of Appeal, Civil Division
Mummery, Jacob LJJ and Mann J
||Brent McDonald (instructed by the Bar ProBono Unit) for the defendant.
||Glenn Campbell (instructed by Halliwells) for the claimant.
||Geraint Wheatley (instructed by Birchall Blackburn) for PB Ltd.
||29 January 2008
Assignment - Right of action - Right to damages - Assignment from defendant's company to defendant 'any sums of money' recoverable from dispute with claimant company - Claimant denying defendant having cause of action against it - Judge finding assignment not valid assignment of right of action - Defendant not able to rely on assignment for purposes of set-off and counterclaim - Whether judge erring.
Where the claimant company had been involved in a dispute with the defendant's company and where the claimant had subsequently provided the defendant with further supplies for which the defendant had failed to pay prior to the company's dissolution, the whole text of an assignment to the defendant of any sums recoverable from the dispute with the claimant had to be read in context. When approached on that basis it was capable of applying to the dispute with the claimant, in which the company had the right to a sum of money recoverable by action. Accordingly, the judge had been wrong in construing the assignment so as to confine it to the fruits of action by the company.
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