Central Insurance Co. Ltd. v. Seacalf Shipping Corpn. (The Aiolos) - Court of Appeal (Ackner & Oliver L.JJ.) - 17 February 1983

Whether equitable assignee of cargo claim has to join assignor in bringing action

The plaintiffs had effected insurance policies with 28 Taiwanese buyers on a cargo of soyabeanmeal carried on board the Aiolis . There was a short delivery and the buyers made a claim on the plaintiffs. The plaintiffs paid out on the claims and in addition to relying on the ordinary insurers’ rights of subrogation, they obtained from each buyer a formal document headed “Loss Subrogation Receipt”. This document was of much significance in the case because it was alleged that it had the effect, under Taiwanese law, of operating as an assignment of the buyers’ rights to the plaintiffs.