Angharad Parry, KC

This Practice Note considers how the statutory limitation regime (or framework) in England & Wales applies to arbitration proceedings under the Arbitration Act 1996 (AA 1996). The Practice Note also considers the ability of parties to an arbitration to agree different time limits for the commencement of arbitration proceedings and the time limits which apply to the enforcement of arbitral awards. It is important to commence proceedings in accordance with any relevant limitation period or the claim may be time-barred.

This Practice Note has been archived and is not maintained. This Practice Note considers the effect of the UK leaving the EU without a deal when dealing with the enforcement of judgments for civil and commercial claims under the Brussels Convention, Regulation (EC) 44/2001, Brussels I, Regulation (EU) 1215/2012, Brussels I (recast), the Lugano Convention 2007 and the EC-Denmark Agreement. This Practice Note considers the application of the changes made by the two UK regulations and the EU guidance to the enforcement of UK judgments in EU Member States as well as contracting states of the European Free Trade Association (EFTA) that are signatories to the Lugano Convention 2007 ie Iceland, Norway and Switzerland.) and vice versa. There are two key UK regulations dealing with the implications of a no deal Brexit on enforcement. The first is The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. The second is The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 and, specifically, the amendments it makes to the Civil Procedure Rules at Part 74—enforcement of judgments in different jurisdictions. Both of these regulations come into force on exit day. In addition, provisions relating to the UK’s participation in the Hague Convention on Choice of Court Agreements 2005 after exit day are set out in The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018, SI 2018/1124. The relevant documents setting out the position of the EU in relation to matters of enforcement is the EU notice to stakeholders titled: ‘Withdrawal of the United Kingdom and EU rules in the field of Civil Justice and Private International Law’ dated 18 January 2019, as well as a clarifying question and answer document titled: ‘Questions and Answers related to the United Kingdom’s withdrawal from the European Union in the field of Civil Justice and Private International Law’ dated 11 April 2019.

This Practice Note provides an explanation as to when and why Regulation (EC) 593/2008, Rome I was introduced. It covers the implementation of Regulation (EC) 593/2008, Rome I and the countries which are signatories, and therefore subject to the regulation, and reservations made by different countries. It sets out why the regulation applies to intra-UK contractual disputes. The Practice Note then provides assistance on the interpretation of Regulation (EC) 593/2008, Rome I.

This Practice Note considers the provisions in Article 5 of Regulation (EC) 593/2008, Rome I which provides for the determination of choice of law in relation to contracts of carriage. Article 5 addresses both the carriage of goods and carriage of passengers, but this Practice Note considers only the carriage of goods. The provisions applicable in the absence of an agreed applicable law are explained, as is the escape clause.

This Practice Note considers the general provisions in Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I). It covers the following: Overriding mandatory provisions (Article 9), Consent and material validity (Article 10), Formal Validity (Article 11), Scope of Law Applicable (Article 12), Incapacity (Article 13), Voluntary Assignment/Contractual Subrogations (Article 14), Legal Subrogation (Article 15), Multiple Liabilities (Article 16), Set-off (Article 17), Burden of proof (Article 18), Habitual Residence (Article 19), Exclusion of Renvoi (Article 20) and Public Policy (Article 21).

This Practice Note considers Regulation (EC) 864/2007 on the Law Applicable to Non-contractual Obligations in so far as it applied by the UK courts. It considers the scope of the of the regulation It also sets out the circumstances in which it applies and those in which it does not.

This Practice Note provides an overview of the special rules that apply to specific types of claim under Regulation (EC) 864/2007 on the Law Applicable to non-contractual Obligations, Rome II. These cover product liability, unfair competition and acts restricting free competition, environmental damage, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—essentially agency without authority, culpa in contrahendo—fault in the formation of contract as well as insurance.

This Practice Note considers the provisions in 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 Regulation (EC) 864/2007, Rome II and then considers how the general rule may be displaced. It covers the habitual residence exception and the ‘escape clause’.

This Practice Note considers the provisions in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and explains the ability of the parties to choose the applicable law under Rome I. It looks at whether the law must be that of a State, the freedom of the parties to chose the applicable law—such choice can be express or implied—and changing the chosen applicable law. It also considers choice of law and non-derogation as well as consent, validity and capacity.

This Practice Note considers the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations, commonly known as Rome I, to circumstances in which the parties have not chosen the applicable law. It considers the law governing specific forms of contract such as sale of goods, provision of services and distribution contracts. It also considers the situation where contracts do not fall with the specific categories, the so called ‘escape clause’. In such cases, the following terms are of importance: ‘characteristic performance’, ‘habitual residence’ and ‘more closely connected’. This Practice Note considers each of these terms as well as how the escape clause differs under Rome I compared to its predecessor, the Rome Convention—an issue which was considered in Molton Street Capital v Shooters Hill Capital Partners.

This Practice Note explains how Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) applies in practice. It considers the universal application provision (art 2) and the scope of the applicable law (art 12). The general rules which apply as well as rules applicable to specific types of contracts are set out. The types of disputes excluded from Regulation (EC) 593/2008, Rome I are identified such as arbitration and the status and legal capacity of companies.

This Practice Note considers UK Rome I, Regulation (EC) 593/2008 and explains the ability of the parties to choose the applicable law under UK Rome I. It looks at whether the law must be that of a state, the freedom of the parties to chose the applicable law—such choice can be express or implied—and changing the chosen applicable law. It also considers choice of law and non-derogation as well as consent, validity and capacity.

This Practice Note provides an explanation as to when and why UK Rome I, Regulation (EC) 593/2008 was introduced. It covers the implementation of UK Rome I, sets out why the regulation applies to intra-UK contractual disputes and provides assistance on the interpretation of the regulation.

This Practice Note considers the general provisions in UK Rome I, Regulation (EC) 593/2008 on the law applicable to contractual obligations. It covers the following: Overriding mandatory provisions (Article 9), Scope of Law Applicable (Article 12), Voluntary Assignment/ Contractual Subrogations (Article 14), Legal Subrogation (Article 15), Multiple Liabilities (Article 16), Set-off (Article 17), Burden of proof (Article 18), Exclusion of Renvoi (Article 20) and Public Policy (Article 21).

This Practice Note considers UK Rome I, Regulation (EC) 864/2007 on the law applicable to non-contractual obligations. It covers the application of the regulation as well as the tools available to aid with interpretation.

This Practice Note provides an overview of the special rules which apply to specific types of claim under UK Rome II, Regulation (EC) 864/2007 on the law applicable to non-contractual obligations. These cover product liability, unfair competition and acts restricting free competition, environmental damage, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—essentially agency without authority, culpa in contrahendo—fault in the formation of contract and insurance.

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

This Practice Note considers the application of UK Rome I, Regulation (EC) 593/2008 which deals with the law applicable to contractual obligations. This Practice Note specifically considers the situation where the parties have not chosen the applicable law. UK Rome I provides a series of straightforward rules to govern the situation where the parties have failed to choose an applicable law; the provisions are found in Article 4 of UK Rome I, Regulation (EC) 593/2008: 'Applicable law in the absence of choice'. The Practice Note considers this article and includes consideration of the law governing specific forms of contract such as sale of goods, provision of services and distribution contracts as well as the situation where contracts do not fall with the specific categories, the so called ‘escape clause’. In such cases, the following terms are of importance: ‘characteristic performance’, ‘habitual residence’ and ‘more closely connected’.

This Practice Note explains how UK Rome I, Regulation (EC) 593/2008 on the law applicable to contractual obligations applies in practice. It considers the universal application provision (Article 2) and the scope of the applicable law (Article 12). The general rules that apply as well as rules applicable to specific types of contracts are set out. The types of disputes excluded from UK Rome I are also identified for example arbitration and the status and legal capacity of companies.

ARCHIVED: This Checklist has been archived and is not maintained. This Checklist considers the position the EU courts are expected to adopt in relation to the application of Regulation (EU) 1215/2012, Brussels I (recast) if the UK leaves the EU on exit day without a deal, the so called ‘no deal Brexit’ scenario. It reviews the regulation’s articles dealing with jurisdiction and the impact of a no deal Brexit on their application in EU Member State court proceedings with a UK element (whether involving a defendant domiciled in the UK, a jurisdiction agreement in favour of a UK court, or parallel or related proceedings brought in the UK). The position differs depending on whether the proceedings were commenced prior to exit day (with the jurisdictional dispute being determined after that date) or whether the proceedings were commenced after exit day. The position the EU Commission expects EU Member States to take is set out in the EU noticed to stakeholders titled ‘Withdrawal of the United Kingdom and EU rules in the field of Civil Justice and Private International Law’ dated 18 January 2019, as well as a clarifying questions and answer document titled ‘Questions and Answers related to the United Kingdom’s withdrawal from the European Union in the field of Civil Justice and Private International Law’ dated 11 April 2019.