header-logo header-logo

Civil way: 14 December 2018

13 December 2018
Issue: 7821 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll