Batey v Jewson Ltd & Anor [2008] EWCA Civ 18 (29 January 2008)

Batey v Jewson Ltd & Anor [2008] EWCA Civ 18 (29 January 2008)

The assignment, when construed in its commercial context and background, was intended to assign the right of action against Jewson to Mr Batey, not merely the proceeds; the Recorder erred by construing the assignment without sufficient regard to its practical purpose and background.

Citation
[2008] EWCA Civ 18
Parties
Appellant: Barry Batey; First Respondent: Jewson Limited; Second Respondent / Third Party: Palgrove Brown UK Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2008
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Assignment of Rights, Interpretation of Contracts, Prohibition of Assignment, Set Off and Counterclaim
Contract Law Civil Procedure Assignment of Rights Interpretation of Contracts Prohibition of Assignment Set Off and Counterclaim

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Parties

Barry Batey

Appellant

Jewson Limited

First Respondent

Palgrove Brown UK Limited

Second Respondent / Third Party

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the document dated 8 April 2002 constituted a valid assignment of a right of action or merely an assignment of the proceeds of an action
  2. 2 Whether the assignment was effective in light of a contractual prohibition on assignment

Ratio Decidendi

The assignment, when construed in its commercial context and background, was intended to assign the right of action against Jewson to Mr Batey, not merely the proceeds; the Recorder erred by construing the assignment without sufficient regard to its practical purpose and background.

Court Disposition

Appeal allowed

Orders

  • Order of the Recorder set aside
  • Counterclaim restored