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: IntroductionPART I THE NATURE OF INTANGIBLE PROPERTYOverview of Part I2: Nature and Characteristics of Intangibles3: Rights or Causes of Action4: Debts5: Rights Under a Contract6: Securities7: Intellectual Property8: Leases9: Documentary Intangibles and Negotiable InstrumentsPART II THE TRANSFER OF INTANGIBLE PROPERTYOverview of Part II10: Transfer of Choses in Action: Historical Overview11: Conceptual Underpinnings12: Negotiation and the Transfer of Money13: Assignment of Choses in Action14: Transfer of Choses in Action on Trust15: Promises to Assign or Create a Trust16: Assignments Under Section 136 of the Law of Property Act 1925PART III TRANSFERS IN PARTICULAR CONTEXTSOverview of Part III17: Transfer of Insurance Contracts18: Transfer of Leases19: The Transfer of Equity and Debt Securities20: Transfer of Intellectual PropertyPART IV INTANGIBLE PROPERTY THAT IS INCAPABLE OF TRANSFEROverview of Part IV21: Assignment of Burdens22: Intangibles Not Transferable by Reason of Public Policy23: The Assignment of Bare Rights to Litigate: Champerty and Maintenance24: Personal Obligations25: Prohibitions on AssignmentPART V THE EFFECTS OF ASSIGNMENT, THE PERSISTENCE OF PROPERTY RIGHTS, AND THE VINDICATION OF AN OWNER S RIGHTSOverview of Part V26: Consequences and Effects of an Assignment27: Priorities and the Loss of Title28: Extinction of Intangible Property29: Vindication of an Owner s RightsPART VI SPECIAL REGIMES FOR TRANSFEROverview of Part VI30: Insolvency and Assignment31: Involuntary TransfersPART VII SECURITY32: Security over IntangiblesPART VIII CONFLICT OF LAWS33: Assignment and the Conflict of Laws