Q&As

Is the decision in Frischmann v Vaxeal Holdings SA authority that a legal assignment under section 136 of the Law of Property Act 1925 cannot be validly made by an attorney acting for and on behalf of an individual assignor or a corporate assignor?

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Published by a UUÂãÁÄÖ±²¥ Commercial expert
Published on: 07 December 2023
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This Q&A considers whether the decision in Frischmann v Vaxeal Holdings SA is authority that a legal assignment cannot be validly made in accordance with section 136 of the Law of Property Act 1925 (LPA 1925) if the assignment is entered into by an attorney acting for and on behalf of an individual assignor or a corporate assignor.

Legal and equitable assignments

An assignment is an immediate transfer of an existing proprietary right, vested or contingent, from one party to another.

For a legal (otherwise known as a statutory) assignment of a debt or other legal thing in action to be effective, LPA 1925, s 136 requires that the assignment must:

  1. •

    be in writing under the hand of the assignor

  2. •

    be absolute, rather than a conditional or a partial assignment, and not be by way of charge only, and

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