Subrogation and prohibitions on assignment

In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5; [2024] Lloyd's Rep IR 153 the Court of Appeal has reversed the first instance decision of CockerillJ, [2023] 1 Lloyd's Rep 431, on the effect on subrogation of an anti-assignment clause in the contract on which the subrogation action was brought.

The case ultimately turned on the proper construction of the clause itself, and the Court of Appeal - unlike the judge - found it unnecessary to consider the wider issues potentially raised by this type of clause.