What is Actionable Claim?

What is Actionable Claim?

by Dibbendu Baul -
Number of replies: 0

In English law, an actionable claim refers to moveable property where a person holds ownership but lacks actual physical possession; this is termed a chose in possession. When the property is out of possession and can only be recovered through legal action, it is considered a chose in action or thing in action. The concept of an actionable claim is related to the chose in action. 

Section 3 defines an actionable claim as: 

(1) A claim to any debt, excluding debts secured by mortgage of immovable property or by hypothecation or pledge of moveable property.

(2) Any beneficial interest in moveable property not in the actual or constructive possession of the claimant, which Civil Courts recognize as grounds for relief, whether such debt or beneficial interest is existent, accruing, conditional, or contingent.