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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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