Benjamin Goldkorn v MPA (Construction Consultants) Ltd & Anor

Benjamin Goldkorn v MPA (Construction Consultants) Ltd & Anor

The assignment of claims to the claimant was ineffective due to the prohibition in clause 16.2 of the PM Appointment, which extends to both contractual and tortious claims. The claimant is not a permitted assignee nor a party entitled to enforce the contract, and the trust mechanism does not circumvent the contractual restriction. The claimant therefore has no title to bring the claims advanced.

Parties
Claimant: Mr Benjamin Goldkorn; First Defendant: MPA (Construction Consultants) Ltd; Second Defendant: Kazu Restaurants 1 Ltd (in liquidation)
Jurisdiction
England and Wales
Judgment Date
24 February 2025
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Claimant has no title to bring the claims; preliminary issues answered 'No'.
Legal Topics
Assignment of Contractual Rights, Non Assignment Clauses, Trusts and Beneficiary Enforcement, Concurrent Liability in Contract and Tort
Contract Law Trusts Law Tort Law Assignment of Contractual Rights Non Assignment Clauses Trusts and Beneficiary Enforcement Concurrent Liability in Contract and Tort

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Benjamin Goldkorn

Claimant

MPA (Construction Consultants) Ltd

First Defendant

Kazu Restaurants 1 Ltd (in liquidation)

Second Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the claimant has title to bring claims against the first defendant as assignee of the second defendant's rights under the Deed of Assignment dated 22 December 2020
  2. 2 Whether the claimant has title to bring claims as beneficiary of rights held on trust for him by the second defendant under the Declaration of Trust dated 14 February 2022

Ratio Decidendi

The assignment of claims to the claimant was ineffective due to the prohibition in clause 16.2 of the PM Appointment, which extends to both contractual and tortious claims. The claimant is not a permitted assignee nor a party entitled to enforce the contract, and the trust mechanism does not circumvent the contractual restriction. The claimant therefore has no title to bring the claims advanced.

Court Disposition

Claimant has no title to bring the claims; preliminary issues answered 'No'.

Orders

  • Claimant is not entitled to bring any of the claims set out in the Particulars of Claim against the First Defendant as assignee or beneficiary.
  • Time extended for consequential applications for 14 days after hand down with liberty to apply.