Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Equitable assignment definition

What does Equitable assignment mean? An equitable assignment is a transfer of a debt or other chose in action that, although not meeting the statutory requirements for a legal assignment, is nonetheless effective in equity and enforceable by or with the assignor. It commonly arises where there is a clear intention to assign but defects exist (for example, no or defective notice to the debtor, lack of writing, or an assignment of only part of a debt). In England and Wales, legal assignments of debts are governed by section 136 of the Law of Property Act 1925; equitable assignments arise under case...

Assignment of contractual rights and receivables: key cases in England and Wales on legal/equitable assignment, debtor notice, standing to sue, and anti-assignment clauses (including security)

Published by a LexisNexis Banking & Finance expert

Practice notes

This Practice Note highlights key authorities and pertinent material on assignment. The cases are arranged by theme and include:

Assignment—general points
Assignment—legal (statutory) or equitable
Significance and advantages of giving notice to the debtor
Standing to sue the debtor where the assignment is equitable
Impact of a prohibition or restriction on assignment

Assignment—general points

Headings: Names of parties; Judgment date; Case summary; Relevant content.

Names of parties: Abraaj Investment Management v Kes Power [2026] EWHC 65 (Comm)
Judgment date: 16 January 2026
Neutral citation: [2026] EWHC 65 (Comm)

Case summary and relevant content: The judgment examines assignment principles in the sphere of secured lending. In particular, it explains how estoppel may assist a lender confronted with defective security—here, a receivable was purportedly assigned by a group entity that had no title to it. The court also ranges over other issues of note, including the possibility of implied assignments, whether ‘no assignment’ provisions are constrained by a reasonableness requirement, and questions of consideration arising in acknowledgements of notice...

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Web page updated on 21/05/2026

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