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Subrogation: Law and Practice

Subrogation: Law and Practice

Author: Charles Mitchell; Stephen Watterson
Publisher: Oxford University Press
ISBN: 9780199296644
Published In: March 2007
Format: Hardback , 512 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details
- Detailed discussion of a complex area of particular interest in multi-party litigation litigation
- Ensures understanding of key principles
- Considers subrogation in specific transactions such as insurance and insolvency cases
- Up-to-date coverage of key cases, including Banque Financiere de la Cite v Parc (Battersea) Ltd, Cheltenham & Gloucester plc v Appleyard, Niru Battery Manufacturing Co v Milestone Trading Ltd (No 2), and Primlake Ltd (in liq) v Matthews Associates
- Assists the busy practitioner by providing readily accessible answers to the key questions likely to be faced in practice
Subrogation: Law and Practice provides a clear and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights.

Although subrogation is a remedy that is frequently claimed in Chancery and commercial practice, the reasons why it is awarded and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners.

Following an introductory overview, and discussion of the rules which determine the discharge of obligations by payment, the book is divided into three parts.

Part II considers subrogation to extinguished rights, and explains all the consequences of the House of Lords' finding in Banque Financiere de la Cite v Parc (Battersea) Ltd that this form of subrogation is a remedy for unjust enrichment. The discussion examines the requirements that the defendant has been enriched, and that this enrichment has been gained at the claimant's expense. It also considers the most important reasons why a court might find that a defendant's enrichment is unjust, the defences which can be raised to a claim, the form of the remedy, and additional practical issues.

Part III looks at insurers' claims to be subrogated to their insureds' subsisting rights, and carefully analyses the substantial body of case law on this subject which has built up over the past two hundred years.

Finally, Part IV concerns the special insolvency rules which entitle claimants to acquire an insolvent party's subsisting indemnity rights against a third party. The discussion takes in claims under the Third Parties (Rights against Insurers) Act 1930 and claims by the creditors of trustees to be indemnified out of the trust estate.

This work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.

Readership: Practitioners in commercial and/or chancery practice. Academic lawyers specialising in private law, especially commercial law, property law, and the law of unjust enrichment. Advanced students of commercial law, property law, and the law of unjust enrichment.
Part I: Introduction
1: Introduction
2: Discharge of Obligations
Part II: Subrogation to Extinguished Rights
3: Introduction
4: Enrichment
5: At the Expense of the Claimant
6: Grounds for Restitution
7: Bars to Subrogation
8: The form of the Remedy
9: Practical Points
Part III: Subrogation to Subsisting Rights: Insurer's Claims
10: Insurers' Subrogation Rights
Part IV: Subrogation to Subsisting Rights: Special Insolvency Regimes
11: The Third Parties (Rights Against Insurer's) Act 1930
12: Creditors of Trustees
Charles Mitchell, Professor of Law, King's College London, Stephen Watterson, Lecturer in Law, University of Bristol

Adam Fenton QC, Barrister, 7 King's Bench Walk, and Henry Legge, Barrister, 5 Stone Buildings
"For the commercial practitioner it is a valuable guide to practice and pleading subrogation claims. It deserves a place at eye-level on every commercial practitioner's bookcase. s"