Part 2: Richard Scorer believes Rome II is imprecise and does not provide sufficient certainty
In my article on Rome II I explained how Council Regulation 864/2007/ EC on “the law applicable to non-contractual obligations” lays down a new body of choice of law rules for tort cases (NLJ, 1 May 2009, p 621). The Regulation replaces the existing law laid down in the Private International Law (Miscellaneous Provisions) Act 1995, as interpreted by the House of Lords in Harding v Wealands [2006] All ER (D) 40 (Jul). Effectively, Rome II reverses the decision in Harding. However, there are exceptions to the general rule under Rome II and overall the Regulation is unclear and does not provide certainty.
A complicating factor in analysing the impact of Rome II is confusion over its date of implementation. Rome II “came into force” on 19 August 2007. However, the Regulation “applies” from 11 January 2009. The Regulation also says that it applies to “events giving rise to damage after its entry into force”. What is the practitioner to
