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13 December 2018
Issue: 7821 / Categories: Features , Civil way , Procedure & practice
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Civil way: 14 December 2018

Invoice assignment bar goes; disbursementless bills; no child support, no passport; latest service charge wars

ROLL UP, ROLL UP

So you are a small or medium sized business and you need the cash flowing in. Then assign the right to future payment of your invoices to a finance company. Around 40,000 businesses in the UK use invoice finance at a typical cost of 20% of value. It would be more but for the common contractual prohibition against assignment.

To the rescue come the Business Contract Terms (Assignment of Receivables) Regulations 2018 (SI 2018/1254) (made under s 1 of the Small Business, Enterprise and Employment Act 2015) which apply to any contractual term made on or after 31 December 2018, five years since the idea of legislation in the area was floated with a government discussion paper. The regulations extend to England, Wales and Northern Island. Any term prohibiting or imposing a condition on the assignment of a receivable (invoices and other rights to be paid money under a contract) is to have no effect. Also out is a term preventing the assignee from enforcement

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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