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United Kingdom failure of basislimitationbraganza

Horlick v Cavaco

[2022] EWHC 2935 (KB)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, King's Bench Division
Year2022
StatusPersuasive authority

Key Principle

A claimant who advances funds expecting them to be repaid or applied for an agreed purpose may recover in unjust enrichment for failure of basis only where the enrichment of the defendant and the failure of the basis on which it was conferred are properly established on the facts; the interaction of unjust enrichment with subsisting contractual arrangements, Braganza discretion and limitation must be analysed claim by claim.

Area of Law

General

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Waterside Class Limited v Mowi ASA & Ors [2026] CAT 32

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