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14 August 2013
Issue: 7573 / Categories: Case law , Law digest , In Court
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Conflict of laws

Stylianou v Toyoshima and another [2013] EWHC 2188 (QB), [2013] All ER (D) 36 (Aug)

Generally, while it was clear that Art 4(3) of Rome II was only intended to be an escape clause and it was only to be applied exceptionally so as to preserve the intended application of the general rule to most cases, Art 4(3) of Rome II was not to be construed in the same manner as Art 4(1) of Rome II and should not, therefore, apply to direct damage. The use of the words “in all the circumstances” in Art 4(3) of Rome II required the court to consider all relevant material, so as to be able to assess whether the particular circumstances of the individual case were so exceptional that the general rule should not apply. Such a consideration was intended to include factors relating to the parties and would also include the consequences of the event or tort/delict. Such consequences would cover the injuries and damage arising from the tort, whether direct or indirect. If such a broad interpretation

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MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

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Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
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The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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