Jersey Judgment

In re Booth (No. 2) [2016] 2 JLR 473 (24 November 2016)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Viscount is not barred by the Code of 1771 from assigning ongoing claims against others to the debtor which the Viscount declines to pursue.

Court disposition

assignment permitted

Orders

  • Viscount may assign ongoing claims against others to the debtor

02

Material facts

Parties

Viscount

Applicant

Booth

Debtor

03

Procedural history

  1. Posture

    Bankruptcy / Assignment of Claims

04

Questions and positions

Legal issues

Whether the Viscount is barred by the Code of 1771 from assigning ongoing claims against others to the debtor

Party arguments

Applicant
The Viscount is not barred by the Code of 1771 from assigning ongoing claims against others to the debtor which the Viscount declines to pursue.
Respondent
The Code of 1771 provision prohibits contracting for matters in dispute, potentially barring assignment.

05

Court’s reasoning

  1. 01

    Code of 1771

    The provision in the Code of 1771 that 'personne ne pourra contracter pour choses ou matières en litige' does not bar the Viscount from assigning ongoing claims to the debtor.

06

Ratio, limits and disposition

Ratio decidendi

The Viscount is not barred by the Code of 1771 from assigning ongoing claims against others to the debtor which the Viscount declines to pursue.

Court disposition

assignment permitted

  • Viscount may assign ongoing claims against others to the debtor

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2016] 2 JLR 473

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BAILII >> Databases >> Jersey Law Reports >> In re Booth (No. 2) [2016] 2 JLR 473 (24 November 2016) URL: https://www.bailii.org/je/cases/JLR/2016/JLR162473.html Cite as: [2016] 2 JLR 473 [ New search ] [ Help ] In re Booth (No. 2) 2016 (2) JLR 473 (24 November 2016) Bankruptcy-desastre-assignment of claims-Viscount not barred by provision in Code of 1771 that "personne ne pourra contracter pour choses ou matières en litige" from assigning to debtor ongoing claims against others which Viscount declines to pursue The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2016 (2) JLR 473 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2016/JLR162473.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Code of 1771

Legislation

Legislation referenced in the available case record.

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