Re-assignment and failure to obtain previous consent

MW High Tech Projects UK Ltd v Outotec (USA) Inc [2023] EWHC 2885 (TCC)

In MW High Tech Projects UK Ltd v Outotec (USA) Inc [2023] EWHC 2885 (TCC), His Honour Judge Stephen Davies, sitting as a High Court Judge, held that a re-assignment was not effective to assign rights back to the claimant because of a failure to obtain the previous consent of the defendant as was required by the terms of the contract between the parties. The consequence of the failure to obtain consent was that the claimant was held not to be entitled to bring a claim for damages for breach of contract against the defendant and its parent company. The defendant also sought to strike out the claimant's misrepresentation claim on the basis that it was an abuse of process but this claim was not struck out. While the misrepresentation claim could and should have been brought in earlier proceedings, the failure to do so was held not to be so egregious as to lead to the conclusion that the claim should be struck out. In reaching this conclusion, regard was had to the fact that similar claims had been made in other proceedings between the parties so that the matter would have to be litigated in any event.