Assignments Under Section 136 of the Law of Property Act 1925

Abstract This chapter examines s 136 of the Law of Property Act 1925, focusing on its requirements and implications for the assignment of debts or other legal choses in action. It allows an assignee to recover a debt in their own name, provided certain conditions are met: the assignment must be absolute, in writing, and accompanied by express notice to the debtor. The chapter discusses the historical context of s 136, its connection to earlier reforms in English law, and its application to equitable assignments. It further explores the concept of ‘absolute’ assignments, the necessity of express notice, and the non-requirement of consideration. Finally, the chapter concludes by addressing how these rules protect the debtor from conflicting claims.