Equitable subrogation - two recent cases (Ed Powles, 25 May 2004)

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Sender:	Ed Powles
Date:	Tue, 25 May 2004 15:48:38
Re:	Equitable subrogation - two recent cases

The below cases may interest some members.

Cheltenham & Gloucester plc v. Appleyard [2004] EWCA Civ 291 contains a helpful and discursive review of equitable subrogation, in particular at paragraphs 32-44.

Clarke LJ's judgment in Niru Battery Manufacturing Company v. Milestone Trading Limited [2004] EWCA Civ 487 is likewise of interest - not least because of hints at systemic and categorical difficulties discussed at paragraphs 63-64 (and also the relationship with recoupment and statutory contribution briefly mentioned at the end of the judgment).

Regards,

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