Citation: [2024] UKPC 33
Success for David Thomas KC in the Privy CouncilDavid Thomas KC has successfully argued before the Privy Council that the decision of the Court of Appeal of Trinidad and Tobago in EMBD v Junior Sammy Contractors should be upheld. The Judge, upheld by the Court of Appeal, had granted Junior Sammy summary judgment on seven unpaid interim certificates relating to infrastructure works for a major housing development in Trinidad. The Respondent government company argued before the Privy Council that the judgment should be set aside because there was reason to believe that the certificates had been obtained fraudulently and in any event Junior Sammy had no right to bring the claim because there had been an absolute assignment of the debt to their bank. In a judgment handed down on 29 October 2024 the Privy Council (Lord Reed, Lord Hodge, Lord Leggatt, Lord Stephens and Lady Rose) dismissed the allegations of fraud as being of no substance. However, the judgment gives helpful guidance on the legal principles of the law of assignment and the distinction between an absolute legal assignment and an assignment by way of charge only. The board approached the matter by considering all…
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