Retained Rome II—the general rule and displacing the general rule
Retained Rome II—the general rule and displacing the general rule

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

  • Retained Rome II—the general rule and displacing the general rule
  • Interpreting Article 4
  • Recitals
  • Case law
  • The general rule—Article 4(1)
  • What is meant by ‘unless otherwise provided for’?
  • The applicable law is that of the country in which the damage occurs
  • Illustrative judgments—in which country did the damage occur
  • Determination of damages—Article 4(3)
  • What happens if the damage occurs in more than one country?
  • More...

This Practice Note is for use when determining applicable law in the courts of England and Wales in 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—the general rule and displacing the general rule.

Brexit: The UK's departure from the EU has implications for practitioners considering which country’s laws will be applied when determining a dispute. For guidance, 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 considers the provisions in Retained 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 Retained 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’.

For guidance on other issues, see Practice Notes:

  1. Retained Rome II—application and interpretation

  2. Retained Rome II—special rules

Regulation (EC) 864/2007 of the European Parliament and

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