guest on the law of assignment 4th ed

Guest on the Law of Assignment 4th Edition

Description, table of contents, available formats.

Positioned within contract law, this new work deals with the assignment of things in action – debts, contractual rights. It deals only with voluntary assignment and not compulsory assignment as with bankruptcy or liquidation.

This book is intended for the practitioner who has a problem, issue or case involving the voluntary assignment of things in action, either in giving advice or preparing litigation. Following the approach of titles such as Chitty on Contracts, this work enables the practitioner to find a statement of the law and then (if necessary) the authority that supports it.

•  Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
• Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
• Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
• Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
• Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
• Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
• Considers special priority rules and variation of priorities
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
• Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
• Looks at situations where there is assignment of obligations or liabilities
• Addresses conflict of laws, centring on the law applicable to contractual obligations under Article 14 “the Rome I Regulation”, as well as Transactions outside Article 14
• Covers key case law, including analysis of the rule in Dearle v Hall (1828) on priorities between competing assignees; Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994) on prohibition of assignment; Pan Ocean Shipping Co Ltd v Credit Corp Ltd (1994) on position of the assignee; Raiffeeisen Zentralbank Osterreich AG v Five Star General Trading LLC (2001) as indicative of the correct interpretation of Article 14 of Regulation (EU) 593/2008 ("the Rome I Regulation")
• Written in the Common Law Library style to enable the practitioner to find a statement of the law then (if necessary) go to the authority that supports it.
• Eminent author who is a former General Editor of Chitty on Contracts and Benjamin’s Sale of Goods
• The Nature of Assignment;
• Assignments under Section 136 of the Law of Property Act 1925;
• Equitable Assignments and Agreements to Assign;
• Restrictions on Assignment;
• Validity of Assignment against Creditors and Successors in Title of the Assignor;
• Priorities;
• Assignment subject to Equities:
• Defences available to the Obligor;
• Financing Devices involving Assignment;
• Assignment of Obligations or Liabilities;
• Conflict of Laws

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Guest on the Law of Assignment 4th Ed

Accounts receivable, acknowledgment, administration, after-acquired property, “agreements to assign”, arbitration clauses, asset securitisation, beneficial interests, benefits of covenants, bills of costs, bills of lading, block discounting, burdens of covenants, choses in action, conditional benefit, confidential information, conflict of laws, consideration, construction contracts, consumer protection, contract terms, contracts of employment, contractual liability, contractual obligations, contractual rights, contractual set-off, credit insurance, crown set-off, database right, debt collection, dematerialised securities, direct credit transfers, disclaimers, documentary intangibles, donatio mortis causa, employment contracts, equitable assignment, equitable charges, “equitable choses in action”, equitable interests, equitable set-off, existing choses, extortionate credit transactions, financial collateral arrangements, financial instruments, financial orders, floating charges, future choses, genuine commercial interest, gratuitous assignments, indemnities, insolvency set-off, insurance monies, insurance policies, intangible goods, intellectual property, intermediated securities, interpleader proceedings, “invoice trading platforms”, joint tenants, judgment debts, legal assignment, “legal choses in action”, legal set-off, letters of credit, life insurance, liquidators, maintenance, maintenance and champerty, marine insurance, marshalling, material changes, material impairment, mere equities, money claims, moral rights, negative pledges, negotiable instruments, negotiation, non-assignment clauses, notices of assignment, partial assignment, partnership shares, pension benefits, personal contracts, personal representatives, powers of attorney, pre-emption rights, preferences, proceeds of insurance, profit sharing, prohibition on assignment, promissory notes, public officers, public policy, receivables, rectification, registered design, relation back, remuneration, repurchase agreements, restitution, restraint of trade, retention money, ring-fencing, rome i regulation, rule in dearle v hall, sale and repurchase agreements, securitisation, share of profits, social security benefits, statutory assignment, subject matter, “subject to equities rule”, subordination agreements, subrogation, third party rights, trade marks, transactions at an undervalue, transactions defrauding creditors, trustees in bankruptcy, uncertificated securities, unfair relationships, unidroit conventions, unregistered designs, unsecured creditors, vicarious performance, winding-up petitions.

Guest on the Law of Assignment 4th Edition

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• Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
• Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
• Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
• Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
• Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
• Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
• Considers special priority rules and variation of priorities
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
• Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
• Looks at situations where there is assignment of obligations or liabilities
• Updated with new case law, including:
• Alina Budana v The Leeds Teaching Hospitals NHS Trust  [2017] EWCA Civ 1980
• Ndole Assets Ltd v Designer M&E Services UK Ltd  [2018] EWCA Civ 2865
• First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd  [2018] EWCA Civ 14
• Recovery Partners GB Ltd v Rukhadze  [2018] EWHC 2918 (Comm)
• Zagora Management Ltd v Zurich Insurance Plc  [2019] EWHC 140 (TCC)
• BGL BNP Paribas SA v TeamBank AG Nürnberg  (C-548/18) (2019) CJEU 848
• BXH v BXI  [2019] SGHC 141
• Bowack v Saxton  [2020] EWHC 1049 (Ch)
• Ezair v Conn  [2020] EWCA Civ 687
• Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd  [2020] EWHC 1938 (Ch)
• Yang v Chen  [2020] HKCFI 235
• Expanded discussion at various points, most significantly:
• Concerning the effect of Brexit on conflict of law rules as applicable to assignments;
• Concerning the effect of the European Commissions’ draft regulation (COM(2018)96) and the ECJ’s decision in  BGL BNP Paribas SA v TeamBank AG Nürnberg  (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I Regulation on the law applicable to third-party effects of an assignment;
• Concerning the Business Contract Terms (Assignment of Receivables) Regulations 2018, which nullifies non-assignment clauses in certain circumstances in the context of the financing of receivables;
• Concerning the assignability of conditional fee agreement (CFAs), the relevance of the conditional benefit principle on the assignability of burdens, and the relationship between consent, assignment, and novation where an entire contract is purported to be assigned;
• Concerning the justifications for the doctrine of relation back in the context of an agreement to assign a future chose;
• Concerning the reasonableness of the withholding of consent where consent is required for an assignment;
• Concerning the assignment of right of action incidental to property and the necessary relationship between the assignment and the property;
• Concerning the modern judicial attitude towards the ‘genuine commercial interest’ criterion in relation to the assignability of causes of action.
• Added references to new academic articles of relevance;
• Re-numbering of paragraphs for ease of reference.

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Guest on the Law of Assignment Hardcover – 24 May 2021

• ISBN-10 0414088778
• ISBN-13 978-0414088771
• Edition 4th
• Publisher Sweet & Maxwell
• Publication date 24 May 2021
• Language English
• Print length 352 pages
• See all details

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• Publisher ‏ : ‎ Sweet & Maxwell; 4th edition (24 May 2021)
• Language ‏ : ‎ English
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• ISBN-13 ‏ : ‎ 978-0414088771
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Guest on the Law of Assignment 4th ed

This book is intended for the practitioner who has a problem, issue or case involving the voluntary assignment of things in action, either in giving advice or preparing litigation. Following the approach of titles such as Chitty on Contracts, this work enables the practitioner to find a statement of the law and then (if necessary) the authority that supports it.

The new edition has added references to new academic articles of interest, and re-numbering of paragraphs for ease of reference.

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Guest on the Law of Assignment 4th ed

Product Details

• Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
• Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
• Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
• Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
• Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
• Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
• Considers special priority rules and variation of priorities
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
• Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
• Looks at situations where there is assignment of obligations or liabilities
• Updated with new case law, including:
• Alina Budana v The Leeds Teaching Hospitals NHS Trust  [2017] EWCA Civ 1980
• Ndole Assets Ltd v Designer M&E Services UK Ltd  [2018] EWCA Civ 2865
• First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd  [2018] EWCA Civ 14
• Recovery Partners GB Ltd v Rukhadze  [2018] EWHC 2918 (Comm)
• Zagora Management Ltd v Zurich Insurance Plc  [2019] EWHC 140 (TCC)
• BGL BNP Paribas SA v TeamBank AG Nürnberg  (C-548/18) (2019) CJEU 848
• BXH v BXI  [2019] SGHC 141
• Bowack v Saxton  [2020] EWHC 1049 (Ch)
• Ezair v Conn  [2020] EWCA Civ 687
• Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd  [2020] EWHC 1938 (Ch)
• Yang v Chen  [2020] HKCFI 235
• Expanded discussion at various points, most significantly:
• Concerning the effect of Brexit on conflict of law rules as applicable to assignments;
• Concerning the effect of the European Commissions’ draft regulation (COM(2018)96) and the ECJ’s decision in  BGL BNP Paribas SA v TeamBank AG Nürnberg  (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I Regulation on the law applicable to third-party effects of an assignment;
• Concerning the Business Contract Terms (Assignment of Receivables) Regulations 2018, which nullifies non-assignment clauses in certain circumstances in the context of the financing of receivables;
• Concerning the assignability of conditional fee agreement (CFAs), the relevance of the conditional benefit principle on the assignability of burdens, and the relationship between consent, assignment, and novation where an entire contract is purported to be assigned;
• Concerning the justifications for the doctrine of relation back in the context of an agreement to assign a future chose;
• Concerning the reasonableness of the withholding of consent where consent is required for an assignment;
• Concerning the assignment of right of action incidental to property and the necessary relationship between the assignment and the property;
• Concerning the modern judicial attitude towards the ‘genuine commercial interest’ criterion in relation to the assignability of causes of action.
• Added references to new academic articles of relevance;
• Re-numbering of paragraphs for ease of reference.

The Nature of Assignment;  Assignments under Section 136 of the Law of Property Act 1925; Equitable Assignments and Agreements to Assign;  Restrictions on Assignment;  Validity of Assignment against Creditors and Successors in Title of the Assignor;  Priorities;  Assignment subject to Equities:  Defences available to the Obligor;  Financing Devices involving Assignment;  Assignment of Obligations or Liabilities;  Conflict of Laws

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Guest on the Law of Assignment Hardcover

There is a newer edition of this item:.

• Language English
• Publisher Sweet & Maxwell
• ISBN-10 0414062752
• ISBN-13 978-0414062757
• See all details

Product details

• Language ‏ : ‎ English
• ISBN-10 ‏ : ‎ 0414062752
• ISBN-13 ‏ : ‎ 978-0414062757
• Item Weight ‏ : ‎ 1.41 pounds

Customer reviews

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Guest on the Law of Assignment, 4th Edition

• Author: Professor Anthony Guest
• Publisher: Sweet & Maxwell U.K.
• ISBN: 9780414088771
• Published In: June 2021
• Format: Hardback , 282 pages
• Jurisdiction: U.K.  ? Disclaimer: Countri(es) stated herein are used as reference only

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• Description  
• Contents  
• Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
• Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
• Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
• Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
• Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
• Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
• Considers special priority rules and variation of priorities
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
• Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
• Looks at situations where there is assignment of obligations or liabilities
• Updated with new case law, including:
• Alina Budana v The Leeds Teaching Hospitals NHS Trust  [2017] EWCA Civ 1980
• Ndole Assets Ltd v Designer M&E Services UK Ltd  [2018] EWCA Civ 2865
• First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd  [2018] EWCA Civ 14
• Recovery Partners GB Ltd v Rukhadze  [2018] EWHC 2918 (Comm)
• Zagora Management Ltd v Zurich Insurance Plc  [2019] EWHC 140 (TCC)
• BGL BNP Paribas SA v TeamBank AG Nürnberg  (C-548/18) (2019) CJEU 848
• BXH v BXI  [2019] SGHC 141
• Bowack v Saxton  [2020] EWHC 1049 (Ch)
• Ezair v Conn  [2020] EWCA Civ 687
• Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd  [2020] EWHC 1938 (Ch)
• Yang v Chen  [2020] HKCFI 235
• Expanded discussion at various points, most significantly:
• Concerning the effect of Brexit on conflict of law rules as applicable to assignments;
• Concerning the effect of the European Commissions’ draft regulation (COM(2018)96) and the ECJ’s decision in  BGL BNP Paribas SA v TeamBank AG Nürnberg  (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I Regulation on the law applicable to third-party effects of an assignment;
• Concerning the Business Contract Terms (Assignment of Receivables) Regulations 2018, which nullifies non-assignment clauses in certain circumstances in the context of the financing of receivables;
• Concerning the assignability of conditional fee agreement (CFAs), the relevance of the conditional benefit principle on the assignability of burdens, and the relationship between consent, assignment, and novation where an entire contract is purported to be assigned;
• Concerning the justifications for the doctrine of relation back in the context of an agreement to assign a future chose;
• Concerning the reasonableness of the withholding of consent where consent is required for an assignment;
• Concerning the assignment of right of action incidental to property and the necessary relationship between the assignment and the property;
• Concerning the modern judicial attitude towards the ‘genuine commercial interest’ criterion in relation to the assignability of causes of action.
• Added references to new academic articles of relevance;
• Re-numbering of paragraphs for ease of reference.
• The Nature of Assignment;
• Assignments under Section 136 of the Law of Property Act 1925;
• Equitable Assignments and Agreements to Assign;
• Restrictions on Assignment;
• Validity of Assignment against Creditors and Successors in Title of the Assignor;
• Priorities;
• Assignment subject to Equities:
• Defences available to the Obligor;
• Financing Devices involving Assignment;
• Assignment of Obligations or Liabilities;

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Guest on the Law of Assignment 4th edition

€ 390.00

Author : Ying Khai Liew ISBN: 978-0-414-08877-1 Publisher: Sweet&Maxwell Date Published: 2021 Format: Hardbak

• Description

This book is intended for the practitioner who has a problem, issue or case involving the voluntary assignment of things in action, either in giving advice or preparing litigation. Following the approach of titles such as Chitty on Contracts, this work enables the practitioner to find a statement of the law and then (if necessary) the authority that supports it. Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136 Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company Considers special priority rules and variation of priorities Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation Looks at situations where there is assignment of obligations or liabilities Updated with new case law, including: Alina Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865 First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd [2018] EWCA Civ 14 Recovery Partners GB Ltd v Rukhadze [2018] EWHC 2918 (Comm) Zagora Management Ltd v Zurich Insurance Plc [2019] EWHC 140 (TCC) BGL BNP Paribas SA v TeamBank AG Nürnberg (C-548/18) (2019) CJEU 848 BXH v BXI [2019] SGHC 141 Bowack v Saxton [2020] EWHC 1049 (Ch) Ezair v Conn [2020] EWCA Civ 687 Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd [2020] EWHC 1938 (Ch) Yang v Chen [2020] HKCFI 235 Expanded discussion at various points, most significantly: Concerning the effect of Brexit on conflict of law rules as applicable to assignments; Concerning the effect of the European Commissions’ draft regulation (COM(2018)96) and the ECJ’s decision in BGL BNP Paribas SA v TeamBank AG Nürnberg (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I Regulation on the law applicable to third-party effects of an assignment; Concerning the Business Contract Terms (Assignment of Receivables) Regulations 2018, which nullifies non-assignment clauses in certain circumstances in the context of the financing of receivables; Concerning the assignability of conditional fee agreement (CFAs), the relevance of the conditional benefit principle on the assignability of burdens, and the relationship between consent, assignment, and novation where an entire contract is purported to be assigned; Concerning the justifications for the doctrine of relation back in the context of an agreement to assign a future chose; Concerning the reasonableness of the withholding of consent where consent is required for an assignment; Concerning the assignment of right of action incidental to property and the necessary relationship between the assignment and the property; Concerning the modern judicial attitude towards the ‘genuine commercial interest’ criterion in relation to the assignability of causes of action. Added references to new academic articles of relevance; Re-numbering of paragraphs for ease of reference.

• The Nature of Assignment; 
• Assignments under Section 136 of the Law of Property Act 1925;
• Equitable Assignments and Agreements to Assign; 
• Restrictions on Assignment; 
• Validity of Assignment against Creditors and Successors in Title of the Assignor; 
• Priorities; 
• Assignment subject to Equities: 
• Defences available to the Obligor; 
• Financing Devices involving Assignment; 
• Assignment of Obligations or Liabilities; 
• Conflict of Laws

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Sweet & Maxwell’s Guest on The Law of Assignment by Ying Khai Liew – South Asian Reprint of the 4th Edition

₹ 11,500.00 ₹ 9,200.00

Sweet & Maxwell’s Guest on The Law of Assignment by Ying Khai Liew – South Asian Reprint of the 4th Edition.

10 in stock

• Description
• Additional information
• Reviews (0)

This book is intended for the practitioner who has a problem, issue or case involving the voluntary assignment of things in action, either in giving advice or preparing litigation. Following the approach of titles such as Chitty on Contracts, this work enables the practitioner to find a statement of the law and then (if necessary) the authority that supports it.

• Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
• Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
• Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
• Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
• Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
• Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
• Considers special priority rules and variation of priorities
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
• Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
• Looks at situations where there is assignment of obligations or liabilities

The new edition contains expanded discussion at various points, most significantly:

• Concerning the effect of Brexit on conflict of law rules as applicable to assignments;
• Concerning the effect of the European Commissions’ draft regulation (COM(2018)96) and the ECJ’s decision in BGL BNP Paribas SA v TeamBank AG Nürnberg (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I Regulation on the law applicable to third-party effects of an assignment;
• Concerning the Business Contract Terms (Assignment of Receivables) Regulations 2018, which nullifies non-assignment clauses in certain circumstances in the context of the financing of receivables;
• Concerning the assignability of conditional fee agreement (CFAs), the relevance of the conditional benefit principle on the assignability of burdens, and the relationship between consent, assignment, and novation where an entire contract is purported to be assigned;
• Concerning the justifications for the doctrine of relation back in the context of an agreement to assign a future chose;
• Concerning the reasonableness of the withholding of consent where consent is required for an assignment;
• Concerning the assignment of right of action incidental to property and the necessary relationship between the assignment and the property;
• Concerning the modern judicial attitude towards the ‘genuine commercial interest’ criterion in relation to the assignability of causes of action.
• The new edition has added references to new academic articles of interest, and re-numbering of paragraphs for ease of reference.
• Binding : Hardcover
• Publisher : Sweet & Maxwell
• Author : Ying Khai Liew
• Edition : South Asian Reprint of the 4th Edition
• Language :  English
• ISBN-10 : 9789393702869
• ISBN-13 : 9789393702869

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• Melbourne Law School
• Academic Staff

Professor Ying Liew

Email [email protected] Find an Expert Find an Expert

Location Room 0748

Other School and University Responsibilities

• JD Contracts
• JD Legal Research

Dr Ying Khai Liew (LLB (KCL), PhD (Notts), AKC) joined the Melbourne Law School in 2017.

Ying teaches and researches in private law, specialising in the law of equity and trusts, the law of assignment, contracts, and remedies. His research has been published in leading peer-reviewed international journals, including the  Cambridge Law Journal, Law Quarterly Review, Modern Law Review, Oxford Journal of Legal Studies, Sydney Law Review, UNSW Law Journal, and  Melbourne University Law Review. He has also published in several major edited collections on equity, trusts, and succession law. His work has been cited by courts around the world, including the UK Supreme Court, the Supreme Courts of India and Sri Lanka, and various courts in Australia, New Zealand, Hong Kong, Singapore, Ireland, and the Cayman Islands.

Ying is the author of the monograph  Rationalising Constructive Trusts (Hart Publishing 2017), and of the treatise  Guest on the Law of Assignment  which is currently in its fourth edition (Sweet & Maxwell 2021). Ying is also the founder of the  ‘Asia-Pacific Trusts Law’ project, the first ever initiative to assemble an Asia-Pacific-wide, inclusive community to discuss trusts law. He is the General Editor of the  Asia-Pacific Trusts Law book series (Hart Publishing) which publishes papers presented at a biannual symposium. Two volumes have been published ( Theory and Practice in Context ( 2021, with Matthew Harding) and  Adaptation in Context  (2022, with Ying-Chieh Wu), and a third is forthcoming ( Boundaries in Context (2024, with Masayuki Tamaruya)). He is currently writing his second monograph,  Rationalising Resulting Trusts (Hart Publishing).

At Melbourne Law School, Ying delivers the JD Trusts and JD Contracts courses, and convenes a JD elective course (Advanced Trusts Law) and two MLM courses (Private and Commercial Trusts Law; Trusts Law in the Asia-Pacific Region). Ying is Associate Director (Private Law) of the Asian Law Centre and a member of the Obligations Group. He is also a faculty advisor of the  Melbourne University Law Review , Chair of the Student Academic Misconduct Committee, and Advisor for incoming exchange students.

Outside the Law School, Ying is an Editor of the  Journal of Equity and an External Editor of the Journal of Korean Law . Ying has acted as an expert witness and an independent consultant on various aspects of private law. He regularly delivers seminars for legal practitioners in Malaysia, Singapore, and Hong Kong, and presents at conferences around the world.

In the past, Ying held lectureships at King's College London and University College London. He has held visiting appointments at the National University of Singapore, Singapore Management University, City University of Hong Kong, the National Taiwan University, Seoul National University, the University of Hong Kong, BPP University, the University of London, and the University of Nottingham. He was also an examiner for the University of London International Programmes.

Memberships and Affiliations

• General Editor, Journal of Equity
• External Editor,  Journal of Korean Law
• Advisory Board Member,  LUMS Law Journal
• Editorial Advisory Board Member, Newcastle Law Review
• Associate of King’s College (AKC)

Teaching (2024)

Melbourne law masters.

• laws90230 Trusts Law in the Asia-Pacific Region

Research Centres

• Obligations Group
• Asian Law Centre

Guest on the Law of Assignment 4th ed ALSO AVAILABLE ONLINE Category: Contracts Author(s): Liew, Y K Publisher, ISBN etc: Sweet & Maxwell

Contracts Equitable Assignment Choses in Action

Reserve this book

To make an enquiry, fill in the details below.

Guest on the Law of Assignment, 4th Edition

The practitioner who has a problem, issue, or case involving the voluntary assignment of things in action—whether they are providing counsel or getting ready for court—is the target audience for this book. This work allows the practitioner to locate a declaration of the law and then (if necessary) the authority that supports it, using the methodology used in works like Chitty on Contracts.

-updated with fresh legal precedent, such as:

• Alina Budana v The Leeds Teaching Hospitals NHS Trust   [2017] EWCA Civ 1980
• Ndole Assets Ltd v Designer M&E Services UK Ltd   [2018] EWCA Civ 2865
• First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd   [2018] EWCA Civ 14
• Recovery Partners GB Ltd v Rukhadze   [2018] EWHC 2918 (Comm)
• Zagora Management Ltd v Zurich Insurance Plc   [2019] EWHC 140 (TCC)
• BGL BNP Paribas SA v TeamBank AG Nürnberg   (C-548/18) (2019) CJEU 848
• BXH v BXI   [2019] SGHC 141
• Bowack v Saxton   [2020] EWHC 1049 (Ch)
• Ezair v Conn   [2020] EWCA Civ 687
• Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd   [2020] EWHC 1938 (Ch)
• Yang v Chen   [2020] HKCFI 235

-Discussion was expanded at several times, most notably:

• Regarding how Brexit will affect the application of the norms of conflict of laws to assignments;
• With regard to the impact of the European Commission's proposed rule (COM(2018)96) and the European Court of Justice's ruling in BGL BNP Paribas SA v. TeamBank AG Nürnberg (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I rule on the law applicable to third-party consequences of an assignment;
• Regarding the Business Contract Terms (Assignment of Receivables) Regulations 2018, which renders non-assignment clauses inapplicable in certain situations when financing receivables;
• Regarding the conditional benefit principle's applicability to the assignability of burdens, the link between consent, assignment, and novation in situations where an entire contract is ostensibly being assigned, and the assignability of conditional fee agreements (CFAs);
• Regarding the arguments in favour of the doctrine of reciprocity in the context of a contract to assign a future choice;
• relating to whether it is fair to refuse to give consent when doing so is necessary for an assignment;
• relating to the necessity of the relationship between the property and the assignment of a right of action incidental to that property;
• regarding the 'genuine commercial interest' test for assignability of causes of action in modern legal theory.

For convenience of reference, the revised edition has renumbered paragraphs and added references to relevant new scholarly papers.

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