“… & Handley, Res Judicata, 5th ed (2019), at paragraph 8.25, and Good Challenger Navegante SA v Metalexportimport SA (The Good Challenger) [2003] EWCA Civ 1668; [2004] 1 Lloyd’s Rep 67, Lewison LJ concluded in paragraph 51 that “even if a ‘twin ratio’ decision can create an estoppel in relation to both rationes, an inability to appeal may be …”
“…ugh Spencer Bower and Handley put the point very clearly, the case law in this jurisdiction has been more guarded. In The Good Challenger [2003] EWCA Civ 1668, [2004] 1 Lloyd’s Rep 67 Clarke LJ discussed the question. The case was one in which the claimants sought to enforce an arbitration award; but the defendants said that the claim was ti…”