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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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