The Law of Assignment

The Honourable Mr Justice Marcus Smith is a Justice of the High Court (Chancery Division). Prior to taking the bench in 2016, he built up extensive experience of commercial practice as a barrister at Fountain Court Chambers, and he was made silk in 2010. Nico Leslie is a barrister at Fountain Court Chambers. He is a leading junior in the field of commercial litigation.

1: Introduction PART I THE NATURE OF INTANGIBLE PROPERTY Overview of Part I 2: Nature and Characteristics of Intangibles 3: Rights or Causes of Action 4: Debts 5: Rights Under a Contract 6: Securities 7: Intellectual Property 8: Leases 9: Documentary Intangibles and Negotiable Instruments PART II THE TRANSFER OF INTANGIBLE PROPERTY Overview of Part II 10: Transfer of Choses in Action: Historical Overview 11: Conceptual Underpinnings 12: Negotiation and the Transfer of Money 13: Assignment of Choses in Action 14: Transfer of Choses in Action on Trust 15: Promises to Assign or Create a Trust 16: Assignments Under Section 136 of the Law of Property Act 1925 PART III TRANSFERS IN PARTICULAR CONTEXTS Overview of Part III 17: Transfer of Insurance Contracts 18: Transfer of Leases 19: The Transfer of Equity and Debt Securities 20: Transfer of Intellectual Property PART IV INTANGIBLE PROPERTY THAT IS INCAPABLE OF TRANSFER Overview of Part IV 21: Assignment of Burdens 22: Intangibles Not Transferable by Reason of Public Policy 23: The Assignment of Bare Rights to Litigate: Champerty and Maintenance 24: Personal Obligations 25: Prohibitions on Assignment PART V THE EFFECTS OF ASSIGNMENT, THE PERSISTENCE OF PROPERTY RIGHTS, AND THE VINDICATION OF AN OWNER S RIGHTS Overview of Part V 26: Consequences and Effects of an Assignment 27: Priorities and the Loss of Title 28: Extinction of Intangible Property 29: Vindication of an Owner s Rights PART VI SPECIAL REGIMES FOR TRANSFER Overview of Part VI 30: Insolvency and Assignment 31: Involuntary Transfers PART VII SECURITY 32: Security over Intangibles PART VIII CONFLICT OF LAWS 33: Assignment and the Conflict of Laws