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Dassault Aviation SA v. Mitsui Sumitomo Insurance Co Ltd
[2024] EWCA Civ 5; [2024] KB 421
Key Principle
A contractual prohibition on assignment or transfer 'by any Party' does not catch a transfer that occurs by operation of law (such as statutory subrogation under a foreign governing law); the correct question is whether the transfer was made by the contracting party, not whether the party's conduct caused a transfer to arise.
Area of Law
General
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