Subrogation - did it sink with the Ocean Victory?

Most of us are aware of the concept of subrogation, under which an insurer who pays a claim "stands in the shoes" of the insured in pursuing any recovery action against a third party. This extends to commencing legal proceedings and suing in the name of the insured, even though the insured (strictly speaking) hasn't suffered a loss because its claim has been paid.

The "Ocean Victory" grounded during a terrible storm at Kashima, Japan on 24 October 2006. The Supreme Court in London published its judgment on the final appeal on 10 May 2017.

While the Supreme Court held that the port of Kashima was not at the relevant time an unsafe port (despite the judge at first instance finding otherwise) it is another aspect of this marathon litigation which is the subject of this article.