The Law of Assignment

by Smith, Marcus; Leslie, Nico

• ISBN13: 9780198748434
• ISBN10: 0198748434
• Edition: 3rd
• Format: Hardcover
• Copyright: 2018-05-08
• Publisher: Oxford University Press

Author Biography

Marcus Smith, High Court Judge, High Court, Chancery Division,Nico Leslie, Barrister, Fountain Court Chambers

The Honourable Mr Justice Marcus Smith is a Justice of the High Court (Chancery Division). Prior to taking the bench in 2016, he built up extensive experience of commercial practice as a barrister at Fountain Court Chambers, and he was made silk in 2010.


Nico Leslie is a barrister at Fountain Court Chambers. He is a leading junior in the field of commercial litigation.

Table of Contents

1. Introduction
PART I THE NATURE OF INTANGIBLE PROPERTY
Overview of Part I
2. Nature and Characteristics of Intangibles
3. Rights or Causes of Action
4. Debts
5. Rights Under a Contract
6. Securities
7. Intellectual Property
8. Leases
9. Documentary Intangibles and Negotiable Instruments
PART II THE TRANSFER OF INTANGIBLE PROPERTY
Overview of Part II
10. Transfer of Choses in Action: Historical Overview
11. Conceptual Underpinnings
12. Negotiation and the Transfer of Money
13. Assignment of Choses in Action
14. Transfer of Choses in Action on Trust
15. Promises to Assign or Create a Trust
16. Assignments Under Section 136 of the Law of Property Act 1925
PART III TRANSFERS IN PARTICULAR CONTEXTS
Overview of Part III
17. Transfer of Insurance Contracts
18. Transfer of Leases
19. The Transfer of Equity and Debt Securities
20. Transfer of Intellectual Property
PART IV INTANGIBLE PROPERTY THAT IS INCAPABLE OF TRANSFER
Overview of Part IV
21. Assignment of Burdens
22. Intangibles Not Transferable by Reason of Public Policy
23. The Assignment of Bare Rights to Litigate: Champerty and Maintenance
24. Personal Obligations
25. Prohibitions on Assignment
PART V THE EFFECTS OF ASSIGNMENT, THE PERSISTENCE OF PROPERTY RIGHTS, AND THE VINDICATION OF AN OWNER S RIGHTS
Overview of Part V
26. Consequences and Effects of an Assignment
27. Priorities and the Loss of Title
28. Extinction of Intangible Property
29. Vindication of an Owner s Rights
PART VI SPECIAL REGIMES FOR TRANSFER
Overview of Part VI
30. Insolvency and Assignment
31. Involuntary Transfers
PART VII SECURITY
32. Security over Intangibles
PART VIII CONFLICT OF LAWS
33. Assignment and the Conflict of Laws