Retained Rome II—application and interpretation
Retained Rome II—application and interpretation

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Retained Rome II—application and interpretation
  • Purpose of Rome II
  • Relationship between Retained Rome II and Retained Rome I
  • Relationship between Retained Rome II and the Private International Law (Miscellaneous Provisions) Act 1995
  • What is the in force date for Retained Rome II?
  • Application of Retained Rome II in the UK
  • When Retained Rome II applies
  • When Retained Rome II does not apply
  • Interpreting Retained Rome II—tools
  • Recitals
  • More...

This Practice Note is for use when determining applicable law in the courts of England and Wales respect of events giving rise to damage, where such events occurred on or after 1 January 2021.

For guidance on the position where the events giving rise to damage occurred on or before IP completion day (31 December 2020 at 11 pm), see Practice Note: Rome II—application and interpretation.

For guidance on understanding why different regimes are applicable depending on the date on which the harmful event occurred, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Applicable law.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

This Practice Note provides an explanation as to when and why Retained Regulation (EC) 864/2007 on the law applicable to non-contractual obligations, Rome II was introduced. It also sets out the circumstances in which it applies and those in which it does not.

For further guidance, see Practice Notes: Retained Rome II—the general rule and displacing the general rule and Retained Rome II—special rules.

Regulation (EC) 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations post IP completion day is retained

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