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    Subrogation Law and Practice

    ISBN-10: 0199296642
    ISBN-13: 9780199296644
    Author(s): Charles Mitchell, Stephen Watterson, Adam Fenton, Henry Legge
    Description: Subrogation: Law and Practice provides a readily 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  More...
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    Publisher: Oxford University Press, Incorporated
    Binding: Hardcover
    Pages: 512
    Size: 7.00" wide x 10.00" long x 1.25" tall
    Weight: 2.200
    Language: English

    Subrogation: Law and Practice provides a readily 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 a remedy that is frequently awarded in Chancery and commercial practice, the reasons why 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. Divided into four separate parts the authors provide an up-to-date account of the subject, looking at the many developments that have taken place over the last decade. In the introduction they begin by explaining the meaning of subrogation, when and why it may be awarded. They then move on to detail the components of a claim in unjust enrichment, and explain the rules governing the discharge of obligations. Part II takes a look at subrogation to extinguished rights, reviewing three common misapprehensions relating to the acquisition of these rights; mistake, failure of consideration and secondary liability. They then guide the practitioner through the various components of a claim including unjust factors, defences against a claimant and the form of the remedy where rights have been extinguished. The authors then focus on subrogation to subsisting rights for the last two parts. In Part III insurers' claims are detailed including; sources, pleading rules, rights to which an insurer can be subrogated, defences and duties. The final part concentrates on subrogation to subsisting rights under special insolvency rules, looking at claims under the Third Parties Act 1930 and creditors of trusteesThis work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.

    Introduction
    Introduction
    What is subrogation?
    When is subrogation awarded?
    Why is subrogation awarded?
    Foundational Principles
    Unjust enrichment
    Discharge of obligations
    Subrogation to Extinguished Rights
    Barriers to Understanding
    Extinction and 'revival' of rights
    Subrogation to extinguished personal rights
    Subrogation to extinguished proprietary rights
    Components of the Claim I: Parties to the Action, Enrichment, and 'at the Claimant's Expense'
    Parties
    Enrichment
    At the claimant's expense
    Components of the Claim II: Unjust Factor
    Mistake
    Failure of consideration
    Secondary liability
    Other unjust factors
    Components of the Claim III: Defences
    Components of the Claim IV: The Form of the Remedy
    Practical Points
    Pleading rules
    Rights which are capable of acquisition by subrogation
    Part payments
    Sub-subrogation
    Subrogation to Subsisting Rights 1: Insurer's Claims
    Insurer's 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 insurer's subrogated action
    The insured's duty to protect the insurer's position
    Subrogation to Subsisting Rights 2: Special Insolvency Rules
    Claims Under the Third Parties (Rights Against Insurers) Act 1930
    Creditors of Trustees

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