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

  • Rome II—the general rule and displacing the general rule
  • Relevant recitals
  • Determination of damages
  • Can more than one applicable law apply?
  • Interpreting Rome II, Article 4
  • The general rule (Rome II, Article 4(1))
  • What is meant by ‘unless otherwise provided for’?
  • The applicable law is that of the country in which the damage occurs
  • Judgments in which the country in which the damage occurred has been determined:
  • What happens if the damage occurs in more than one country?
  • More...

This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or before IP completion day (31 December 2020 at 11pm).

For guidance on the position where the events giving rise to damage occurred on or after 1 January 2021, see Practice Note: Retained Rome II—the general rule and displacing the general rule.

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 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 Regulation (EC) 864/2007, Rome II and considers how the general rule may be displaced. It covers the habitual residence exception and the ‘escape clause’. See also Practice Notes: Rome II—application and interpretation and Rome II—special rules.

Relevant recitals

When considering the application of Article 4 of Regulation (EC) 864/2007, Rome II the following should be noted:

  1. recital 14 of Regulation (EC) 864/2007, Rome II sets out that legal certainty and the need to do justice in individual is an essential element of the regulation. As noted in Pickard v Marshall, this recital also identifies achieving justice in individual cases and

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