A genuine commercial interest sufficient to support the assignment of a bare right of action under the Trendtex principle does not require the assignee to hold a pre-existing enforceable legal right against the assignor. A practical commercial interest based on some sound pre-existing legal status or right — such as being a beneficiary of a discretionary trust that indirectly owns the assignor — is sufficient. A beneficiary under a discretionary trust who has consistently received distributions and has the power to appoint the trustee has a practical commercial interest that is more than a mere hope.
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