In re Booth (No. 2) [2016] 2 JLR 473 (24 November 2016)
- Citation
- [2016] 2 JLR 473
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bankruptcy / Assignment of Claims
More details
- Posture
- Bankruptcy / Assignment of Claims
On this page
Professional case brief
Research organized from the available case record
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
ApplicantBooth
Debtor03
Procedural history
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
Legal principles
- 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
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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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