This Overview considers the applicable law regimes when determining the applicable law in a non-contractual dispute.
For guidance on other aspects of determining the applicable law, see:
Applicable law principles—overview
Determining applicable law in contractual disputes—overview
The applicable law is only one consideration when dealing with a cross border dispute. For an insight into the various considerations, see: Cross border considerations—checklist.
The applicable law regime applied by the courts of England and Wales (English courts) to determine the applicable law in non-contractual disputes will depend upon the date on which the harmful event complained of occurred and whether the proceedings fall within the relevant regime:
1 January 2020 onwards—UK Rome II, Regulation (EC) 864/2007 on the Law Applicable to Non-contractual Obligations (UK Rome II)
11 January 2009 to 31 December 2020 at 11 pm—Regulation (EC) 864/2007, Rome II (UK only) which applies in the UK to transitional provisions under Article 66 of the Withdrawal Agreement. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, specifically, main
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and judicial decisions, including the...
The Master of the Rolls, Sir Geoffrey Vos, delivered the John Lehane Memorial Lecture at the Supreme Court of New South Wales, addressing the...
Commercial analysis: The High Court held that only the contracting AFH entity could enforce post-termination restrictive covenants against a...
The Solicitors Regulation Authority (SRA) has published a warning notice directed at all solicitors and law firms under its regulation. The notice...
Foreign currency claimsThis Practice Note considers the issue of bringing a claim in a foreign currency. In doing so it explains the underlying case law as to whether a claim can be brought in a foreign currency and how to bring such a claim. It also considers how a defendant can challenge a claim
Enforcing foreign judgments—common law principlesThis Practice Note considers the recognition and enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note
Cross-border service—application for permission to serve outside England and WalesThis Practice Note provides assistance when making an application to obtain the courts’ permission to serve the claim form outside the jurisdiction of the English and Welsh courts (referred to as the English courts in
UK Rome I—application and interpretationThis Practice Note is for use when determining applicable law where the contract was entered into on or after 1 January 2021.For contracts entered into before 1 January 2021, a different applicable law regime will be applied by the UK courts. Which regime is
0330 161 1234