Ok so when an account is assigned according to Lord Denning apparently the debtor has the right to view the deed.
Van Lynn Developments v Pelias Construction Co Ltd 1968
Perceived wisdom however seems to be that it is a commercially sensitive document and the debtor has no rights to view it.
Has the ruling changed or does it still stand and if so how would you use it to your advantage. For example would you request it on receiving a NOA or would you request it as part of a defence?
On a connected point does the creditor have to prove that a NOA was sent or is it permissible to turn up to court with it
Van Lynn Developments v Pelias Construction Co Ltd 1968
Perceived wisdom however seems to be that it is a commercially sensitive document and the debtor has no rights to view it.
Has the ruling changed or does it still stand and if so how would you use it to your advantage. For example would you request it on receiving a NOA or would you request it as part of a defence?
On a connected point does the creditor have to prove that a NOA was sent or is it permissible to turn up to court with it
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