Applicable law—Part III of Private International Law (Miscellaneous Provisions) Act 1995 (tort)

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Practice notes

Applicable law—Part III of Private International Law (Miscellaneous Provisions) Act 1995 (tort)

Published by a LexisNexis Dispute Resolution expert

Practice notes
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This Practice Note only applies to issues relating to tort where the harmful event occurred between 1 May 1996 and 11 January 2009.

Where the harmful event does not occur within this time frame a different applicable law regime will apply. For guidance, see Practice Note: Applicable law—a guide for dispute resolution practitioners.

Part III of the Private International Law (Miscellaneous Provisions) Act 1995 (PIL(MP)A 1995) is found in PIL(MP)A 1995, ss 9–15B. It applies to the UK and deals with the choice of law in tort. The equivalent of tort in Scotland is delict.

The purpose of the provisions are set out in PIL(MP)A 1995, s 9:

  1. PIL(MP)A 1995, s 9(4) provides that the applicable law, chosen in accordance with the rules in Part III, shall be used for determining the issues arising in a claim, including in particular the question whether an actionable tort or delict has occurred

  2. PIL(MP)A 1995, s 9(5) provides that the applicable law to be used for determining the issues arising

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