This Practice Note is for use when determining applicable law where the contract was entered into on or after 17 December 2009. This Practice Note considers consumer contracts in Article 6(1) of Regulation (EC) 593/2008, Rome I. The Practice Note explains the process by which the applicable law is determined for consumer contracts and the limitations that apply 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. For other aspects of the regulation, see Practice Note: Applicable law—a guide for dispute resolution practitioners. This

This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and 31 December 2020. 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

This Practice Note is for use when determining applicable law where the contract was entered into on or after 17 December 2009 and before 1 January 2021. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. Which regime is applied will depend on the date on which the contract was entered into. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note considers the provisions in Article 5 of Regulation (EC) 593/2008, Rome I which provides for the determination of choice of law in relation to contracts of carriage. The article addresses both the carriage of goods and carriage of passengers, but this Practice Note considers only the carriage of goods. The provisions of Article 5 of Regulation (EC) 593/2008, Rome I apply only to the extent that there is no choice of law pursuant to Article 3 of Regulation (EC) 593/2008, Rome I which recognises the parties’ freedom

Dispute Resolution analysis: Popplewell J looks at the relevant factors when deciding whether a guarantee, with no express applicable law clause, should have such a clause implied from the express applicable law clause in the main contract, the performance of which is being guaranteed. The relevant EU regulation to apply in this case was Rome I, the provisions of which are used to determine the applicable law for contract claims.

This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and before 1 January 2021. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. Which regime will apply, will depend on the date on which the contract was entered into. For guidance, see Practice Note: Applicable law regimes. This Practice Note considers the general provisions in Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I). It covers the following: Overriding mandatory provisions (Article 9), Consent and material validity (Article 10), Formal Validity (Article 11), Scope of Law Applicable (Article 12), Incapacity (Article 13), Voluntary Assignment/ Contractual Subrogations (Article 14), Legal Subrogation (Article 15), Multiple Liabilities (Article 16), Set-off (Article 17), Burden of proof (Article 18), Habitual Residence (Article 19), Exclusion of Renvoi (Article 20) and Public Policy (Article 21). For other aspects of the regulation, see Practice Note: Applicable law—a guide for dispute resolution practitioners. The impact of the UK’s

This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and 31 December 2020. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. For guidance, see: Applicable law regimes for insurance contractual disputes below. This Practice Note looks at the insurance contract provisions in 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). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose, escape routes and EU Member State derogation. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether Regulation (EC) 593/2008, Rome I or Regulation (EC) 864/2007, Rome II applies when dealing with vehicle accidents

This Practice Note was written in partnership with Angharad Parry of Twenty Essex. This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and 31 December 2020. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. Which regime will apply will depend on the date on which the contract was entered into. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note considers the provisions in 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) dealing with the freedom of the parties to choose the applicable law for their contract. When choosing an applicable law, the parties are still bound by specific requirements which are considered in this Practice Note. The regulation sets out a number of exceptions as to when it does not apply. For

This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and 31 December 2020. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. Which regime will apply will depend on the date on which the contract was entered into. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note examines Article 4 of UK Rome I, including the fixed rules in Article 4(1) for specified contracts. It explains the Article 4(2) rule for other or mixed contracts, focusing on characteristic performance and habitual residence. It also considers the Article 4(3) escape clause, the Article 4(4) residual rule, and the relevance of recitals, the Giuliano-Lagarde Report and case law. It signposts the separate regimes for earlier contracts and contracts where the parties have chosen the applicable law. Rome I provides both for situations in which parties choose the applicable

This Practice Note is for use when determining applicable law where the contract was entered into on or after 17 December 2009. This Practice Note considers the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations, commonly known as Rome I, in circumstances in which the parties have not chosen the applicable law. It considers the law governing specific forms of contract such as sale of goods, provision of services and distribution contracts. It also considers the position when contracts do not fall within the specific categories, the application of the so called ‘escape clause’. In such cases, the following terms are of importance: ‘characteristic performance’, ‘habitual residence’ and ‘more closely connected’. This Practice Note considers each of these terms as well as how the escape clause differs compared to Rome I’s predecessor, the Rome Convention. Rome I provides both for situations in which parties choose the applicable law, see Practice Note: Rome I—applicable law chosen by the parties and for when they fail to choose any applicable

This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and 31 December 2020. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. Which regime will apply will depend on the date on which the contract was entered into. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note explains how 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) applies in practice. It is referenced in this Practice Note as Regulation (EC) 593/2008, Rome I or Rome I. The Practice Note considers the universal application provision (Article 2) and the scope of the applicable law (Article 12). The general rules that apply, as well as rules applicable to specific types of contracts, are set out. The types of disputes excluded from Rome I are identified

This Practice Note is for use when determining applicable law where the contract was entered into on or after 17 December 2009. This Practice Note provides an explanation as to when and why Regulation (EC) 593/2008, Rome I was introduced. It covers the implementation of Regulation (EC) 593/2008, Rome I and the countries which are signatories, and therefore subject to the regulation, as well as reservations made by different countries. It sets out why the regulation applies to intra-UK contractual disputes. The Practice Note provides assistance on the interpretation of Regulation (EC) 593/2008, Rome I and then considers the universal application provision (art 2) and the scope of the applicable law (art 12). The general rules which apply as well as rules applicable to specific types of contracts are set out. The types of disputes excluded from Regulation (EC) 593/2008, Rome I are identified such as arbitration and the status and legal capacity of companies. It is referenced in this Practice Note as Regulation (EC) 593/2008, Rome I or Rome I. Purpose

Law360, London: A British roofing company has denied infringing a German rival's patent for a rainwater drainage system, arguing the intellectual property protections should be set aside because engineers at the time would have thought it was obvious to build.