The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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.
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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.