Source: All England Reporter
Publisher Citation: [2012] All ER (D) 257 (Oct)
Neutral Citation: [2012] EWCA Civ 1376
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Ward, Lord Justice Aikens and Lady Justice Black

Representation Robin Rathmell (instructed by Silk Route Legal) for the claimant.
  Robert Leonard (instructed by Bolt Burdon Solicitors) for the defendant.
Judgment Dates: 24 October 2012

Catchwords

Contract - Construction - Contractual term - Defendant guaranteeing liabilities of his company to the claimant - Claimant assigning to its bank certain contractual rights and 'receivables' - Claimant suing defendant under guarantee - Defendant submitting claimant unable to sue having assigned rights - Judge finding claimant having assigned rights but acting as agent for bank - Defendant appealing - Defendant submitting claimant as assignor not being entitled to sue - Whether judge erring.

The Case

Contract Construction. The Court of Appeal, Civil Division, held that, on the construction of all the documents, in particular those between the claimant and its bank, the claimant had assigned all its rights to claim against the defendant and had not, therefore, been entitled to claim against the defendant as agent for the bank.

Practice Areas

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