Batey v Jewson Ltd & Anor
The assignment, when construed in its commercial context and background, was intended to transfer Starlcroft’s 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 relevant evidence.
- 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 Preliminary Issue Decision
- Outcome
- Appeal allowed
- Legal Topics
- Assignment of Rights, Interpretation of Contracts, Prohibition of Assignment, Set Off and Counterclaim
Case Brief
Summary, issues, holding and outcome
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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 Preliminary Issue Decision
Legal Issues
- 1 Whether the document dated 8 April 2002 was a valid assignment of a right of action or merely of the proceeds of an action
- 2 Whether the assignment was effective in light of a contractual prohibition on assignment without consent
Ratio Decidendi
The assignment, when construed in its commercial context and background, was intended to transfer Starlcroft’s 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 relevant evidence.
Court Disposition
Appeal allowed
Orders
- Order of the Recorder set aside
- Counterclaim restored
Full Case Text
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