Camdex International Ltd v Bank of Zambia & Anor [1996] EWCA Civ 1356 (03 April 1996)

Camdex International Ltd v Bank of Zambia & Anor [1996] EWCA Civ 1356 (03 April 1996)

The assignment of the debt by the Central Bank of Kuwait to Camdex International Ltd is valid and enforceable under English law because it is an assignment of a bona fide, undisputed debt, which is a species of property assignable at law under s.136 Law of Property Act 1925. The necessity for litigation to recover the debt does not render the assignment champertous or contrary to public policy. There is no evidence of a champertous intention or colourable transaction.

Citation
[1996] EWCA Civ 1356
Parties
Plaintiff/respondent: Camdex International Ltd; Defendant/appellant: Bank of Zambia
Jurisdiction
England and Wales
Judgment Date
03 April 1996
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (queen's Bench Division, Commercial Court)
Outcome
Appeal dismissed
Legal Topics
Assignment of Debts, Maintenance and Champerty, Public Policy in Contract Law, Enforcement of Foreign Debts, Summary Judgment
Commercial Law Banking Law Conflict of Laws Assignment of Debts Maintenance and Champerty Public Policy in Contract Law Enforcement of Foreign Debts Summary Judgment

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Parties

Camdex International Ltd

Plaintiff/respondent

Bank of Zambia

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (queen's Bench Division, Commercial Court)

Legal Issues

  1. 1 Whether the assignment of a debt by the Central Bank of Kuwait to Camdex International Ltd is invalid or unenforceable under English law as champertous or contrary to public policy
  2. 2 Whether the necessity of litigation to recover an assigned debt renders the assignment void for maintenance or champerty

Ratio Decidendi

The assignment of the debt by the Central Bank of Kuwait to Camdex International Ltd is valid and enforceable under English law because it is an assignment of a bona fide, undisputed debt, which is a species of property assignable at law under s.136 Law of Property Act 1925. The necessity for litigation to recover the debt does not render the assignment champertous or contrary to public policy. There is no evidence of a champertous intention or colourable transaction.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Stay of execution refused