[ Post New Message | Post Reply to this One | Send Private Email to Matt | Help ]

Response to MIG Claims

from Matt (Mattyc@ntlworld.com)
Just got this from the Law Commision. I will have a look at the cases later to see what they are all about.

"Sorry for the delay in responding to your enquiry. If the debt does become a simple debt then it will be subject to the 6 year limitation period, as opposed to the 12 year time limit for claims on a specialty. The issue is really whether, when subrogation rights are exercised, the claim does change from a claim on a specialty to a claim on a debt. A few interesting cases to look at, and which might provide some assistance, are Burns v Shuttlehurst [1999] 2 All ER 27 and Norman v Ali [2000] PIQR P73. These concern personal injuries but the question is a vaguely similar one revolving around the difference between a claim for damages and an indemnity. Whether the same rules apply to subrogation however depends on the exact effect of exercising these rights, and to answer that I would advise you to look at textbooks on insurance law.

I hope this is helpful. Although the question is very interesting I can't spend any time researching it and so I can only give you my own personal reactions and can't give you any definitive answer as the role of the Law Commission is to advise Parliament not individuals. I hope however that this helps you on your way."

(posted 8500 days ago)

[ Previous | Next ]