White Forum Chambers logo

Case Note: Nicoll v Promontoria

Quality court entrance

The decision in Nicoll v Promontoria (RAM2) Ltd [2019] EWHC 2410 (Ch) confirms the limited scope for challenging the effectiveness and validity of an assignment. In summary, if Promontoria has given notice of the assignment to the debtor, and the assigning bank has confirmed by notice or has otherwise acknowledged that it considers the assignment complete, the debtor is not entitled to challenge the efficacy or validity of the assignment.

Susanne Muth examines the impact of the decision and its impact on the scope for challenging the effectiveness and validity of assignments from Clydesdale Bank and other lenders, while also highlighting other potential avenues of attack which might be open to debtors.

You can download Susanne’s case note here.

If you require our services in legal areas akin to those considered above, or in any other of our areas of practice and expertise, do not hesitate to get in touch with us by phone, email or contact form below.