Description
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.
