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Home > News > Construction department scores a victory at the High Court

Construction department scores a victory at the High Court

13 March 2014 |

Gregg Latchams Construction & Engineering department has successfully represented the financial backer of a construction company at the High Court.

The funder provided money in exchange for the assignment of the construction company’s book debts. When the construction company became insolvent the funder stepped in and sought to claim the book debts.

Unfortunately for the funder many construction contracts contain provisions preventing that (so called anti-assignment clauses). Gregg Latchams Construction & Engineering department has successfully argued that there is a good prospect that, whilst the contract may prevent a legal assignment, a trust can arise in equity to allow the claim to be made.The application by the debtor to strike out the claim failed and the case in Bristols High Court continues.

A transcript of the case can be found here.

To learn how our Construction & Engineering team can help you call 0117 906 9400. 

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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