Applicable law in non-contractual disputes

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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:

  1. •

    Applicable law principles—overview

  2. •

    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.

How applicable law is determined

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. •

    1 January 2020 onwards—UK Rome II, Regulation (EC) 864/2007 on the Law Applicable to Non-contractual Obligations (UK Rome II)

  2. •

    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

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