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English Law

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High Court: Issue Preclusion Against Non-Parties to an Arbitration

Question Addressed Whether “privity of interest” can apply in the context of relying on an arbitration award against a non-party and, if so, what the correct test is? General Rule Issue preclusion, also known as issue estoppel, is the inability of a party to a later proceeding to contest the

High Court Decides When a Claim for Unjust Enrichment Accrues

High Court Decides When a Claim for Unjust Enrichment Accrues

The Commercial Court recently issued its decision in Anron Bunkering DMCC v Glencore Energy UK Ltd, [2023] EWHC 295 (Comm) (published by Quadrant Chambers) on the question of when a claim for unjust enrichment due to failure of contractual basis accrues. Background Ordinarily, restitution for unjust enrichment is an appropriate

Supreme Court Clarifies Directors' Duties near Company Insolvency [L]

Supreme Court Clarifies Directors' Duties near Company Insolvency [L]

Enyo Law reviews the Supreme Court’s lengthy decision in BTI 2014 LLC v Sequana, [2022] UKSC 25, concerning directors’ duties as a company nears insolvency: The Supreme Court has, for the first time, considered and ruled on the duties owed by directors of companies on the brink of insolvency.