Joinder of equitable assignors of equitable and legal choses in action
- Autores: Chee Ho Tham
- Localización: Lloyd's maritime and commercial law quarterly, ISSN 0306-2945, Nº. 4, 2017, págs. 537-565
- Idioma: inglés
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Resumen
It is commonly accepted that equitable assignees of equitable choses in action may sue obligors of such choses without joining the assignors, and that joinder of equitable assignors of legal choses arising from contract may also be dispensed with, given William Brandt’s Sons & Co v Dunlop Rubber Co . This article suggests that the former results from the application of res judicata principles by a court acting within its equitable jurisdiction, and that Brandt’s is better understood as having been decided within the court’s equitable jurisdiction. Consequently, this paper shows that the law on joinder of equitable assignors is consistent with a non-transfer conception of equitable assignments predicated on a continuing trustee-beneficiary relation between assignor and assignee, albeit one that is augmented by an unusual principal-agent relationship between the assignor and assignee. I. The conundrum of Brandt’s Where A expressly constitutes herself trustee of the benefit of a legal chose in action such as a debt arising from a contract between herself and B for the benefit of C, C may not bring proceedings against B to obtain a common law remedy without joining A. 1 Hence:
