By Charles Mitchell, Stephen Watterson, Adam Fenton

Description

• 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 claimants expense. It also considers the most important reasons why a court might find that a defendants 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 partys 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.

Contents

Part I: Introduction
1. Introduction

What is subrogation?

When is subrogation awarded?

Why is subrogation awarded?

2. Foundational Principles

Unjust enrichment

Discharge of obligations

Part II: Subrogation to Extinguished Rights
3. Barriers to Understanding

Extinction and revival of rights

Subrogation to extinguished personal rights

Subrogation to extinguished proprietary rights

4. Components of the Claim I: Parties to the Action, Enrichment, and at the Claimants Expense

Parties

Enrichment

At the claimants expense

5. Components of the Claim II: Unjust Factor

Failure of consideration

Secondary liability

Other unjust factors

6. Components of the Claim III: Defences

7. Components of the Claim IV: The Form of the Remedy

8. Practical Points

Pleading rules

Rights which are capable of acquisition by subrogation

Part payments

Sub-subrogation

Part III: Subrogation to Subsisting Rights 1: Insurers Claims
9. Insurers Claims

Barriers to understanding

Sources of subrogation rights

Pleading rules

Insured must be indemnified

Control of litigation

Rights to which an insurer can be subrogated

Defences to an insurers subrogated action

The insureds duty to protect the insurers position

Part IV: Subrogation to Subsisting Rights 2: Special Insolvency Rules
10. Claims Under the Third Parties (Rights Against Insurers) Act 1930

11. Creditors of Trustees

Authors, editors, and contributors

Charles Mitchell, Professor of Law, Kings College London and Stephen Watterson, Lecturer in Law, University of Bristol Consultant Editors: Adam Fenton QC and Henry Legge

Published Year: 2007 Format: Hard Back ISBN: 978-0-19-929664-4 Publisher: Oxford University Press No of Pages: 350 Our Price: £ 131.00 Reviews: 0 reivew(s).

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