1. PROBLEM QUESTION
In February 2020, Mr Alex Bridge, domiciled in England, concluded with the tour operator Baltic
Welcome, established in Estonia, a contract combining a cruise between Dover and Tallinn, a three-day stay in Tallinn and a flight from Tallinn to London. The contract was concluded electronically and in English via the website of the tour operator.
In April 2020, Baltic Welcome informed Alex Bridge that the contract was cancelled due to the
COVID-19 outbreak. On 15th November 2020, Mr Bridge issued proceedings in England against Baltic Welcome. He asks for a full refund of the price paid by him to Baltic Welcome, and seeks compensation for the loss of amenity he suffered.
Baltic Welcome challenges the jurisdiction of the English court, submitting that the services included in the contract were to be provided in Estonia which is also the place of the defendant’s domicile.
They also argues that Estonia is a more appropriate place for the trial to take place because Estonian law must apply to the merits of the dispute.
Advise Mr Bridge (a) on the issue of jurisdiction as well as (b) on the issue of applicable law.
(Sub-questions (a) and (b) are worth equal marks)
2. ESSAY QUESTION
‘This Convention seeks to promote access to justice globally through enhanced judicial cooperation, which will reduce risks and costs associated with cross-border legal relations and dispute resolution. As a result, implementation of the Convention should facilitate rule-based multilateral trade and investment, and mobility.’
(Hague Conference on Private International Law, Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report
[pre-publication version], para 12)
Critically discuss this statement, taking into consideration the potential impact of Brexit. In your response engage with a wide range of relevant sources.
Please keep the word count of the first question, problem question within 900 words (excluding footnotes and bibliography). Please keep the word count of the second question, essay question within 1600 (excluding footnotes and bibliography). For the essay question, please include at least
Please use a wide range of relevant sources, please use at least 5 cases and 25 sources.
OSCOLA referencing must be used.
please use all the sources and cases listed in the document named “sources and cases to be used by the writer”
