In Crooks v Newdigate Properties Ltd and others Butterworths Law Direct 3.4.09 the Court of Appeal, held that an assignment of a debt, including a judgment debt, was subject to equities, including the right of the debtor to raise defences to enforcement arising out of the subject matter of the assignment. That included the right to require credit to be given for sums paid in or towards satisfaction of the underlying liability. That would be so even if the payments had been made not only after the assignment but after notice of the assignment had been given to the debtor. The creditor could not deprive the debtor of that right by an agreement with the assignee to which the debtor was not a party.

Accordingly, the parties to the consent order, could not effectively contract to exclude those principles.