Readership: Practitioners and academics specializing in: litigation and dispute resolution; company law; construction law; shipping law; insurance law; the law of guarantees; the law of professional negligence and of other torts; the law of carriage of goods by road and by sea; and the law of trusts. Academics and reference libraries in the UK and worldwide.
Charles Mitchell, Reader in Law, King's College London
"Review from other book by this author The time has been long overdue for a neat little book like Dr Mitchell's to unite and co-ordinate subrogation as a whole against the scheme of modern restitution scholarship ... this is a thoroughly decent and competent piece of work ... your reviewer enjoyed reading the book, liked thinking about the points it raised and is happy to recommend it to anyone else interested." - Cambridge Law Journal
"This text provides a thorough examination of the continuing development of the law of subrogation under the English and Commonwealth law. Reference is also made to the US position ... The text undertakes a rigorously analytical approach to its subject ... It will be of particular interest to restitution lawyers and academics. However, insurance lawyers will also find this text of assistance, particularly for its thorough examination of the principles on which a claim of subrogation ought to be based and for its detailed review of the relevant case law ... This is a well-researched and well-argued text and will provide a useful reference work for any lawyer seeking a greater understanding of the English and Commonwealth law of subrogation." - International Insurance Law Review
"a ground-breaking work. Anyone facing a problem in subrogation, whether as an element of restitution, commercial law, or equity, should begin by consulting this book...The lawyer who starts with this work, though, will have the benefit not only of Mitchell's principled and well-structured analysis, but also of his enviably concise style; and the result will be a sound understanding of the issues at hand.'" - Trust Law International
Part I: Introduction 1: Introduction 2: Analogous Claims 3: Contribution, reimbursement, and unjust enrichment 4: Mapping the law Part II: Practical issues 5: Practice and procedure Part III: The components of a claim 6: The claimant and the defendant are both legally liable to the creditor 7: The creditor may not accumulate recoveries from the claimant and the defendant 8: The creditor can recover in full from the claimant or the defendant 9: The defendant's liability is discharged by the claimant's payment to the creditor 10: Apportionment between the claimant and the defendant Part IV: Defences 11: Defences going to the claimant's liability to the creditor 12: Defences going to the defendant's liability to the creditor 13: Defences going to the defendant's liability to the claimant Part V: Remedies 14: Remedies Appendix Mercantile Law Amendment Act 1865, s 5 Partnership Act 1890, s 24 Marine Insurance Act 1906, ss 32 and 80 Carriage of Goods by Road Act 1965, ss 1 and 5, and Schedule, arts 34-40 Civil Liability (Contribution) Act 1978 Merchant Shipping Act 1995, ss 187-190 Civil Procedure Rules 1998 (SI 1998/3132), Parts 20 and 51 Practice Direction: Counterclaims and other Part 20 Claims
