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01 April 2010 / Paula Harris
Issue: 7411 & 7412 / Categories: Features , EU
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The EU agenda

Paula Harris charts the top EU legal developments for litigators in 2010

Rome 1, formally known as Regulation (EC) No 593/2008, on the choice of governing law in contracts came into effect in the UK on 17 December 2009.

It seeks to harmonise conflict of law rules in respect of contractual agreements throughout the EU and will apply to contracts entered into after that date. It broadly maintains the principle enshrined in the earlier Rome Convention that contractual parties should be free to choose the law which will govern their contract. It also seeks to clarify the position when the parties have not made any choice regarding which country’s laws should apply.
While the Rome Convention will continue to apply to contracts entered into before 17 December 2009, key changes brought in by Rome I applying to contracts concluded after that date include the following.

The parties’ right to choose the law governing their contract remains the overriding principle of Rome I. However, Art 1 goes further than the Rome Convention in stating

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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