ANC Ltd v Goldring & Ors [2000] EWCA Civ 163 (19 May 2000)

Clause 16.2 of the franchise agreement does not survive termination and does not prohibit assignment of causes of action after termination. The assignments in question are valid.

Citation: [2000] EWCA Civ 163
Parties: Appellant: ANC Limited; Respondent: Compass Express Limited; Respondent: Rapid Services Limited; Assignee: Clark Goldring & Page Limited; Assignee: Mr Griffiths
Jurisdiction: England and Wales
Judgment Date: 19 May 2000
Procedural Posture: Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Assignment of Causes of Action, Franchise Agreements, Champerty, Contractual Interpretation

Contract Law Commercial Law Insolvency Law Assignment of Causes of Action Franchise Agreements Champerty Contractual Interpretation

Case Brief

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Parties

ANC Limited

Appellant

Compass Express Limited

Respondent

Rapid Services Limited

Respondent

Clark Goldring & Page Limited

Assignee

Mr Griffiths

Assignee

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether clause 16.2 of the franchise agreement prohibits assignment of causes of action after termination without ANC's consent
2 Whether rights under the Misrepresentation Act 1967 are assignable
3 Whether the assignment by Compass was champertous

Ratio Decidendi

Clause 16.2 of the franchise agreement does not survive termination and does not prohibit assignment of causes of action after termination. The assignments in question are valid.

Court Disposition

appeal dismissed

Orders

Appeal dismissed
Costs agreed £7,800 to Goldring