Mitchell, Charles; (1993) The law of subrogation. Doctoral thesis (Ph.D), UCL (University College London).

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Abstract

The thesis gives an account of subrogation as a restitutionary remedy, i.e. a remedy awarded to claimants in response to the unjust enrichment of other parties at their expense. The introductory chapter discusses the way subrogation works, and considers in particular the nature of the enrichments in response to which the remedy is awarded. In the following chapters the case-law is categorised according to the factor underlying the circumstances of a claimant's payment which makes it unjust for another party to retain an enrichment gained at his expense. Hence, the cases are discussed in turn, in which the remedy has been awarded to payors under compulsion, by mistake, and for a consideration which subsequently fails. Finally, it is considered whether subrogation should ever be awarded to a volunteer, i.e. a claimant who has paid money under circumstances disclosing no "unjust factor". The issue is also addressed in the thesis, when a claimant should be allowed to acquire not only another party's personal rights of action via subrogation, but his secured rights as well.

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