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Christian Burns-Di Lauro
Partner | Legal
British Virgin Islands
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Christian Burns-Di Lauro
Partner
British Virgin Islands
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Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
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Insight
25 October 2021
British Virgin Islands, Jersey
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A chose in action means a property right or the right to possession of something that can only be obtained or enforced through legal action - it's an 'intangible', for example, a receivable, a right to recover money or a debt.
BVI statute does not currently provide for the legal assignment of a chose in action governed by BVI law and does not have an equivalent of Section 136 of the English Law of Property Act, 1925. As a consequence of this, any assignment of a chose in action will take effect as an equitable assignment only, regardless of whether notice is given by the assignor to the counterparty.
Where a chose in action is governed by BVI law and has been assigned in equity, if the assignee wishes to sue under the assigned contract it would be required to do so either with the assignor as a co-claimant or by adjoining the assignor as a defendant to any such claim.
For the reasons given above, it is common in the BVI for a chose in action to be transferred by way of novation rather than by way of assignment.
For more information on this topic, please contact our BVI banking and finance team.
Christian Burns-Di Lauro
Partner | Legal
British Virgin Islands
Christian Burns-Di Lauro
Partner
British Virgin Islands
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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