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Loss Counterfactuals

22-1-26 / Benjamin Teng — Contract, Commercial Equity

Benjamin Teng authored this article, published in the Oxford Journal of Legal Studies. The article examines how private law uses counterfactuals to determine whether a claimant has suffered loss and argues, as a general rule, that loss should be assessed by asking what would have happened without the wrong. This…

Vanderstock v Victoria: Free Trade and Federalism (2024) 35(1) Federal Law Review 13–23 wins 2025 Saunders Prize for Excellence in Constitutional Law

21-8-25 / Sarah Spottiswood — Appellate, Judicial Review & Administrative, Tax

Level Twenty Seven Chambers is delighted to announce that the article “Vanderstock v Victoria: Free Trade and Federalism” by Sarah Spottiswood and Felicity Nagorcka has been awarded the 2025 Saunders Prize for Excellence in Constitutional Law. This prestigious award, presented by the Australian Association of Constitutional Law (AACL), recognises exceptional…

Loss’s Edge: One Step (Support) v Morris-Garner

15-8-25 / Benjamin Teng — Contract

Benjamin Teng authored this book chapter published in Private Law and the UK Supreme Court (edited by Jenny Russell and Lewis Graham). It concerns the United Kingdom Supreme Court decision in One Step v Morris-Garner Support Ltd, which examines why and when negotiating damages should be awarded, and is, at…

Beyond “But-For” Once More

1-7-25 / Benjamin Teng — Appellate, Insurance

Benjamin Teng co-authored this article with Hannah Williams published in Cambridge Law Journal. This article examines the “but for” test in assessing factual causation and the recent decisions of London International Exhibition Centre Plc v Allianz Insurance Plc [2024] EWCA Civ 1026 and Financial Conduct Authority v Arch Insurance (UK)…

Bifurcators Beware: Australia’s Highest Court Dismisses Appeal Against Decision to Set Aside Interim Award

7-2-25 / Oliver Cook — Arbitration

Oliver Cook co-authored this article with Ashley Chandler (Assistant Editor for Australia, New Zealand and the Pacific Islands) in the Kluwer Arbitration Blog. The article discusses the question "can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings?" which was put to the High Court…