Source: All England Reporter
Publisher Citation: [2011] All ER (D) 102 (Oct)
Neutral Citation: [2011] EWCA Civ 1149
Court: Court of Appeal, Civil Division
Judge:

Maurice Kay VP, Dame Janet Smith and Moore-Bick LJ

Representation Simon Redmayne (instructed by Godfrey Morgan Solicitors) for the claimant.
  Jeremy Morgan QC (instructed by Kennedys Law LLP) for the defendant.
Judgment Dates: 12 October 2011

Catchwords

Maintenance of action - Assignment of right of action - Bare right to litigate - Claimant assignee of cause of action to claim damages in personal injury claim - Claim being struck out on grounds claim of a personal nature and not capable of assignment and claimant not having interest in claim necessary to support valid assignment - Claimant appealing - Whether possible to assign cause of action in tort for damages for personal injury - Whether such assignment void for reasons of public policy.

The Case

Maintenance of action Assignment of right of action. The Court of Appeal, Civil Division, held that the assignment to the claimant of a cause of action for damages in a personal injury claim was void as it was an assignment of a claim in which the claimant had no legitimate interest.

Practice Areas

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