“…rty Act 1925. I accept My Lord’s conclusion that the assignment was not a valid statutory assignment because it was conditional (citing Durham Bros v Robertson [1898] 1 QB 765). That provides yet further support, if that were needed, for the conclusion I have already reached on this appeal.…”
“…s of Section 136. As such it cannot result in legal title passing to the assignee and takes effect as an equitable assignment only: see Durham Bros v Robertson [1898] 1 QB 765.…”
“…satisfaction of the secured obligation, and equity will imply a right in the assignor to reassignment of any debts upon redemption: see Durham Bros v Robertson [1898] 1 QB 765 at 772-773 per Chitty LJ. Moreover, if the assignee realizes the subject-matter of the security for a sum more than sufficient to repay him, with interest and …”