Restitution Discussion Group Archives
| Sender: |
Robert Stevens |
| Date: |
Fri, 7 Aug 1998 10:39:58 +0100 |
| Re: |
Was Banks Overcharging |
Steve wrote, The best I can come up with is this.
A lends B £5. Repayment is to be made in Ruritania where B is domiciled.
B fails to repay. A cannot rely upon his contractual claim to bring a
claim in England because he cannot fit the facts within any of the relevant
heads of Ord 11 r 1 (d) or (e), because the contract was not made in England
etc. A, domiciled in England, argues that the obligation to make restitution
is to be performed in England, as a debtor must seek out his creditor.
This claim would probably be within Ord 11 r (1) (e) or, possibly (t).
Robert Stevens
"...someone who knows more about conflicts that me could explain in what
circumstances the court is likely to have jurisdiction over the claim only
if it is framed as a restitutionary one."
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