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香港六合彩 Laws PhD students Caspar Bartscherer and Joseph Crampin publish case notes in Modern Law Review

6 March 2019

All the case notes in the latest issue of the Modern Law Review have been authored by research students at 香港六合彩 Laws.

modern-law-review

Caspar Bartscherer has reviewed a recent decision of the Supreme Court on damages in the law of Contract in his case note 鈥鈥.

One Step is an important decision that deals with the circumstances in which a claimant may recover damages in contract on the socalled Wrotham Park basis, valued as the amount that would hypothetically have been negotiated between willing parties to release the defendant from his obligation. This note argues that, although the Supreme Court was right not to award damages on this basis in this case, the test laid down by their Lordships for when such damages are available is unclear and will be difficult to apply.

Joseph Crampin, who is also a Teaching Fellow at 香港六合彩 Laws, has written about gateways for serving out under the English rules on Conflict of Law in聽''.

Brownlie is the first occasion which the Supreme Court has addressed the controversial question of when the courts can exercise jurisdiction over persons outside the territorial jurisdiction of the courts in cases where 鈥榙amage鈥 has occurred within the jurisdiction, under the gateway for service out in para 3.1(9)(a), PD 6B, CPR.

A聽number of first instance decisions asserting an expansive jurisdiction in such cases鈥攁 departure from the old approach under the pre-CPR rules which has been the subject of significant criticism. The case note argues that the majority鈥檚 (obiter) support for the first instance decisions is unsatisfactory, since it ignores the legislative history of the provision and provides an incomplete conception of the justice of the wider jurisdiction to support its interpretation.