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Subrogation – Circumstances in which doctrine available. The judge struck out the claimant's claim pleading set-off of his claim against the first defendant's (TIL) charge and entered summary judgment on TIL's counterclaims on the basis of subrogation of an earlier charge. The claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had been entitled to approach the application for summary judgment on TIL's two alternate hypotheses. Further, the claimant's argument that TIL had not relied expressly on the earlier charge when appointing receivers over his property provided no defence and there were no equitable defences available to the claimant to defeat TIL's claim to be subrogated.
Subrogation – Circumstances in which doctrine available. The judge struck out the claimant's claim pleading set-off of his claim against the first defendant's (TIL) charge and entered summary judgment on TIL's counterclaims on the basis of subrogation of an earlier charge. The claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had been entitled to approach the application for summary judgment on TIL's two alternate hypotheses. Further, the claimant's argument that TIL had not relied expressly on the earlier charge when appointing receivers over his property provided no defence and there were no equitable defences available to the claimant to defeat TIL's claim to be subrogated.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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