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Governing law and jurisdiction in contracts with UK consumers
Produced in partnership with Suzie Miles of Ashfords
Practice notesGoverning law and jurisdiction in contracts with UK consumers
Produced in partnership with Suzie Miles of Ashfords
Practice notes
This Practice Note examines the extent to which traders based in England and Wales can make their contracts with consumers based in other UK Jurisdictions subject to the Governing Law and/or jurisdiction of England and Wales. It considers the Laws which determine governing law and jurisdiction (in respect of both contractual and non-contractual obligations) in the UK in business-to-consumer (B2C) contracts.
For the purposes of this Practice Note, a ‘consumer’ is a natural person acting for purposes outside of their trade or profession.
Brexit
This Practice Note contains references to retained EU law (REUL) and associated terms introduced by the European Union (Withdrawal) Act 2018 in connection with Brexit. Assimilated law is the name given to REUL which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles.
From 1 January 2024, REUL is ‘assimilated’
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Jurisdiction(s):
United Kingdom
Related documents:
- Agency contract pre-dating 17 December 2009—application of Rome Convention (GDE LLC v Anglia Autoflo...
- Consumers’ ability to waive rights in respect of unfair terms (XZ v Ibercaja Banco SA)
- Court of Appeal—contract validity outside scope of Rome I (Integral Petroleum v Scu-Finanz AG)
- How effective will new anti-touting rules be?
Practice notes 8
- Applicable law—common law (contract)
- Consumer remedies and redress
- Key consumer legislation—summary
- Rome Convention—introduction and interpretation [Archived]
- Rome Convention—when parties choose an applicable law [Archived]
- Rome I—insurance contracts (Art 7) (UK only)
- Rome I—parties did not choose applicable law (UK only)
- UK Rome I—application and interpretation
Related legal acts:
Key definition:
Governing Law definition
What does Governing 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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