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11 October 2007 / Simon Johnson
Issue: 7292 / Categories: Features , EU
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Choose your law

Will choice of law agreements become popular under
Rome II? Simon Johnson investigates

The Rome II Regulation 864/2007/EC was published on 20 August 2007 and will come into force in January 2009. It applies to situations involving a conflict of laws in respect of non-contractual obligations in civil and commercial matters. It does not apply to revenue, customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority (Art 1(1)).

Article 1(2) lists seven categories of non-contractual obligations excluded from the scope of Rome II: non-contractual obligations arising out of family relationships; matrimonial property regimes; wills and succession; bills of exchange; promissory notes and other negotiable instruments; the law of companies; trusts; nuclear damage; and defamation. It does not apply to evidence and procedure (Art 1(3)).

NON-CONTRACTUAL OBLIGATIONS

Rome II applies to damage arising as a consequence of tort or delict, unjust enrichment, negotiorum gestio (agency without authority) and culpa in contrahendo (pre-contractual situations). It will apply whether or not the obligations in question

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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