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15 Jan 2016, 10:27 am by Ciaran Gill, Olswang LLP
Quoting Walton J in Burston Finance Ltd v Speirway Ltd [1974] 1 WLR 1648 at 1652B-C, the principle of subrogation was outlined as such: “[W]here A’s money is used to pay off the claim of B, who is a secured creditor, A is entitled to be regarded in equity as having had an assignment to him of B’s rights as a secured creditor. [read post]
27 Sep 2016, 4:20 pm by INFORRM
And he explained Tansey v Gill as a case in which the judge was fully satisfied that the defendant could have no defence to the proceedings, thereby fulfilling the terms section 33(1)(b). [read post]
15 Jun 2017, 11:46 am by Matthew Pinsker
The most infamous statement by the court on this issue came from Chief Justice Roger B. [read post]