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January 4, 2014

Stopjoin Projects Limited v Balfour Beatty Engineering Services (HY) Limited [2014] EWHC 589 (TCC)

Areas of Law: Construction & Engineering

Introduction

This was a TCC case concerning the consequences of an attempted assignment of the benefit of a building contract, where there was an effective anti assignment clause. Andrew represented the Claimant (Stopjoin, the would be assignee). It was common ground that where there was an effective anti assignment clause in the building contract the House of Lords authority in Linden Gardens v Lenesta Sludge prevented a would be assignee from bringing a claim as assignor. The Defendant attempted to strike out the claim, or obtain summary Judgment.

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