Bexhill UK Ltd v Razzaq

The rights under the Charge, including the right to sue Mr Razzaq, were absolutely assigned in equity to Barclays by the terms of the BB Debenture. Bexhill was not authorised by Barclays to sue as agent for Barclays. Therefore, Bexhill, as sole claimant, had no standing to sue on the Charge. If the claim is to proceed, Barclays must be joined as claimant.

Parties: Respondent: Bexhill UK Limited; Appellant: Abdul Razzaq
Jurisdiction: England and Wales
Judgment Date: 24 October 2012
Procedural Posture: Civil Appeal / Appeal From Trial Court Judgment on Right to Sue Under a Charge
Outcome: Appeal allowed
Legal Topics: Assignment of Choses in Action, Agency, Security Interests, Equitable Assignment, Legal Title to Sue, Joinder of Parties

Commercial Law Banking and Finance Law Property Law Assignment of Choses in Action Agency Security Interests Equitable Assignment Legal Title to Sue +1 more

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Parties

Bexhill UK Limited

Respondent

Abdul Razzaq

Appellant

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment on Right to Sue Under a Charge

Legal Issues

1 Whether Bexhill's right to sue on the Charge was absolutely assigned to Barclays
2 Whether Bexhill could sue as agent for Barclays
3 Whether Bexhill had standing to sue as sole claimant under the Charge

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Declaration that the Charge and right to sue on it are absolutely assigned in equity to Barclays
Declaration that Bexhill does not have the right, as sole claimant, to sue Mr Razzaq on the Charge, either on its own behalf or as agent for Barclays