Judgments reversed (Peter Birks, 22 Nov 1999)

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Sender:	Peter Birks
Date:	Mon, 22 Nov 1999 19:34:05
Re:	Judgments reversed

(1) The most important things that I know on this are
D.M.Gordon, 'The Effect of Reversal of Judgment on Acts done between Pronouncement and Reversal' (1958) 74 L.Q.R. 517
Commonwealth v. McCormack (1984) 155 C.L.R. 273
Barder v Caluori [1988] AC 20 (HL)

(2) Moses v Macferlan shows that there is no need to reverse the judgment if you can show that the plaintiff committed a civil wrong in suing, for then the payment under the judgment is merely the measure of, or included in the measure of, damages, and the judgment itself stands.

Peter B H Birks, QC, DCL, FBA
Regius Professor of Civil Law
All Souls College Oxford OX1 4 AL
Tel: 44 - (0)1865-279338
Fax: 44 - (0)1865 279299

Home: Oak Trees, Sandy Lane,
Boars Hill. Oxford OX1 4AL
Tel: 44 - (0)1865-735625

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