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...

Comparative guide to Scots and English construction law: formation, execution, dispute resolution, adjudication, enforcement, prescription, entities, passing of title, third-party rights, and SBCC/JCT/NEC forms

Published by a LexisNexis Construction expert

Practice notes

This Practice Note outlines the principal differences between Scots law and the law of England from the viewpoint of an English lawyer practising in Construction law. Any questions of terminology are not considered in this Practice Note.

Assignment/Assignation

In England, assignment takes two recognised forms: legal assignment and Equitable assignment. Under Scots law, the notion of equitable assignment does not exist. The transfer of incorporeal property, including rights arising under a contract, is termed assignation and operates in two stages. First, the parties conclude an agreement to transfer the property, which creates a personal right to demand performance of that transfer. A personal right is enforceable against another person to secure the carrying out of an obligation, here the obligation to transfer the property. Secondly, there is conveyance—the actual passing of legal title—producing a real right in the property once notice has been given to the other party to the assigned contract. In England, obligations under a contract cannot be assigned without the consent of the party with the benefit of those obligations. Instead, to pass a future obligation, the parties must enter into a tripartite arrangement with the other contracting party, commonly referred to as a novation agreement...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...