The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For guidance, see: Cross border considerations—checklist—Applicable law—Brexit specific.
This Practice Note introduces the Rome (EC) Convention on the Law Applicable to Contractual Obligations 1980 (the Rome Convention). It sets out the signatories, its implementation in the UK and the reservations applied. Guidance on interpretation is provided; including consumer and employment contracts.
The convention does not apply to:
contractual disputes, where the contract was entered into after 17 December 2009. In such cases, Rome I applies, see: Applicable law—EU regime—overview
non-contractual disputes where the dispute arose after 11 January 2009. In such cases, Rome II applies, see: Applicable law—EU regime—overview
The Rome Convention came into force on 1 April 1991. Article 17 provides that all contracts entered into after the operative date, ie 1 April 1991, shall be governed by the Rome Convention. The convention is therefore not retrospective and the traditional common law rules apply to any contract made before 1 April 1991, although the application of such rule is likely to be rare given the length of time that has elapsed since the Rome Convention came into force.
Article 23 provides Contracting States with the ability to adopt a new choice of law rule for any category of contract covered
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods, or•dishonestly undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another person, or arranging to
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