ASSIGNMENT, CHAMPERTY AND THE MEASURE OF DAMAGES

Offer-Hoar v Larkstore Ltd [2005] EWHC 2742 (TCC), 2 December 2005

In Offer-Hoar v Larkstore Ltd [2005] EWHC 2742 (TCC), 2 December 2005 Judge David Wilcox rejected a challenge to an assignment on the ground that it was champertous. He held that the assignee had a ‘genuine commercial interest’ in the enforcement of the claim and that, while the assignee was entitled to recover damages for breach of contract, the assignee could recover no more by way of damages than the assignor could have recovered if there had been no assignment and if the building had not been transferred to the assignee.