Changing the name / plaintiff ……on a possession order
The chung ruling
Royal Courts of Justice
Friday 15th July 1960
When one looks at the corresponding Order in the White Book Order 42 Rule 23, it does not contain the word “assignment” at all: it simply says: “Where any change has taken place by death or otherwise” then the party is entitled to issue execution. That may have, I think, a little significance. The question here, then, is whether there has been any assignment if the judgment, or that part of it which relates to possession, be assignable. It is said by Mr. Dunn that the benefit of such a judgment passes on a mere conveyance of the land – as if it was, so to speak, one of the appurtenances passing under the general words of a conveyance. That is not a view I can take at all.
Ulster Bank in court looking to change the name on a possession order to Promontoria Using order 36 rule 10
10. If, at any time during the period of twelve years, any change has taken place, by death, assignment or otherwise, in the parties entitled or liable to execution, the party claiming to be so entitled may apply to the Court on notice for leave to issue execution, and the original decree or judgment may be amended so as to give effect to any order made by the Court on the application.
OUR RULES HAVE ASSIGNMENT IN THEM
So the chung ruling needs to be fought hard