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Assignment Of Claim Agreement Template for England and Wales

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Assignment Of Claim Agreement

"I need an Assignment of Claim Agreement to transfer our company's £500,000 breach of contract claim against TechCorp Ltd to a debt collection agency, with completion scheduled for March 15, 2025, including specific warranties about the validity of the claim."

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What is a Assignment Of Claim Agreement?

The Assignment Of Claim Agreement is essential when a party wishes to transfer their rights in a claim to another entity, commonly used in debt collection, corporate restructuring, or litigation funding scenarios. This document, governed by English and Welsh law, must carefully detail the claim being assigned, the consideration paid, and any warranties given by the assignor. It's particularly important in ensuring compliance with statutory requirements and maintaining the enforceability of the claim, while protecting both parties' interests through clear documentation of the transfer.

What sections should be included in a Assignment Of Claim Agreement?

1. Parties: Identification and details of the assignor and assignee

2. Background: Context of the original claim and reason for assignment

3. Definitions: Key terms used throughout the agreement

4. Assignment: Core provisions detailing what is being assigned

5. Consideration: Details of payment or other consideration for the assignment

6. Warranties: Assignor's warranties regarding the claim

7. Further Assurance: Obligation to execute further documents if needed

8. Governing Law and Jurisdiction: Specification of applicable law and courts

What sections are optional to include in a Assignment Of Claim Agreement?

1. Conditions Precedent: Used when assignment is conditional on certain events being met before completion

2. Confidentiality: Provisions regarding confidential information when sensitive information is involved

3. Tax Provisions: Handling of tax implications when significant tax considerations exist

4. Power of Attorney: Granting power to act on behalf of assignor when assignee needs authority to pursue claim

What schedules should be included in a Assignment Of Claim Agreement?

1. Details of Claim: Detailed description of the assigned claim

2. Original Contract: Copy of the contract giving rise to the claim

3. Notice of Assignment: Form of notice to be given to the debtor

4. Supporting Documents: Relevant correspondence and evidence relating to the claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses



























Industries

Law of Property Act 1925: Key legislation governing legal assignments, particularly Section 136. Covers requirements for written notice to debtor and stipulations for absolute (not conditional) assignments.

Civil Procedure Rules (CPR): Contains procedural rules regarding assignment of causes of action and requirements for legal proceedings involving assigned claims.

Law of Property (Miscellaneous Provisions) Act 1989: Section 1 sets out requirements for written contracts and formal requirements for creating legal rights in property law.

Contracts (Rights of Third Parties) Act 1999: Governs the impact on third party rights and the enforceability of assigned rights in contractual relationships.

Limitation Act 1980: Establishes time limits for bringing claims and their effect on assigned rights.

Doctrine of Privity of Contract: Common law principle determining the relationship between parties to a contract and their ability to enforce rights.

Rules Against Champerty and Maintenance: Common law principles preventing certain types of claim assignments that might encourage litigation.

Legal vs Equitable Assignments: Common law distinction between legal and equitable assignments, affecting enforcement rights and procedural requirements.

Data Protection Act 2018/GDPR: Regulatory framework governing the handling of personal data in the context of claim assignments.

Assignability Check: Legal requirement to verify whether the specific claim is assignable, as certain personal rights cannot be assigned.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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