Powered by Lexis+® UK
Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Chose in action definition

What does Chose in action mean? A chose in action is a personal right to obtain money, performance, or damages by bringing legal proceedings, rather than a physical asset you can possess. It covers intangible property such as debts and receivables, contractual rights, bank balances, shares, insurance proceeds, intellectual property rights and claims for damages. The term is a common law descriptive expression, recognised across England & Wales, Scotland, Northern Ireland and Ireland, and generally not defined by statute. Statutes and case law regulate transfer and enforcement. In England and Wales, legal (statutory) assignment of debts and other choses in action is available under the Law of...

Read More Right Arrow

Security over Contractual Rights: Statutory vs Equitable Assignments, Charges, Notice, Anti-assignment Clauses, Set-off, Drafting, Enforcement, Perfection and Priority (England and Wales)

Practice notes
imgtext

This Practice Note considers the taking of security over contractual rights in broad terms and at a high level. It covers:

  • commonly used techniques for creating security over rights arising under contracts
  • principal provisions to review in the agreement to be assigned, including governing law, restrictions on assignment and contractual set-off rights
  • essential terms to be included within the security instrument
  • practical points relating to serving notice of the security on the counterparty to the contract
  • perfection and priority considerations and related matters

Further detail on assignments by way of security, including how statutory and equitable assignments differ and why notice is served, appears in Practice Note: Assignments by way of security.

What are contractual rights and when is security taken over them?

What is meant by contractual rights? In essence, rights under contracts are intangible assets rather than tangible property such as goods or land. They are classed as a chose in action, meaning they are recoverable through legal proceedings...

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

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

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

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 ]...

Read More Right Arrow