UK Rome II—general principles


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes

UK Rome II—general principles


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
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This Practice Note is for use when determining applicable law in the courts of England and Wales in respect of events giving rise to damage, where such events occurred on or after 1 January 2021.

Note, that when dealing with disputes that involve a conflict of laws between different parts of the UK or between the UK and Gibraltar, UK Rome II will be applied where the harmful event occurred on or after 11 January 2009.

For events that occur outside these dates, a different applicable law regime will be applied by the UK courts. Which regime is applied will depend on the date on which the event occurred. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes.

This Practice Note considers the provisions in UK Rome II, Regulation (EC) 864/2007 on the law applicable to non-contractual obligations, Rome II. It looks at the general rule in Article 4(1) of UK Rome II, Regulation (EC) 864/2007 and then considers how the general rule may be displaced. It covers the habitual residence

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Applicable law definition
What does Applicable law mean?

governing law is the law stipulated in a contract to determine a dispute. Where there is no valid governing law clause, the law to be applied, the applicable law, will be determined in accordance with the relevant regulation, convention, legislation or common law rules.

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