The following Dispute Resolution guidance note Produced in partnership with James Beeton of 12 King's Bench Walk 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 considers consumer contracts in Article 6(1) of Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). The Practice Note explains the process by which the applicable law is determined for consumer contracts and the limitations that apply for where the parties wish to make their own choice of law. A consumer contract will be governed by the law of the country in which the consumer has their habitual residence. The Practice Note explains how to determine the habitual residence of the consumer and why the formal validity requirements for other contracts do not apply when dealing with consumer contracts—the law of the country of habitual residence will apply instead. The Practice Note also considers the position in relation to contracts not falling within Article 6(1) as well as the specific exclusions which apply under Article 6.
References below to ‘Giuliano-Lagarde’, are to the ‘Report on the Convention on the law applicable to contractual obligations’ (ie the Rome Convention—the forerunner to Rome I) by Mario Giuliano and Paul Lagarde which is still used as an
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