header-logo header-logo

21 May 2009 / Richard Scorer
Issue: 7370 / Categories: Features , EU , Personal injury
printer mail-detail

Jurisdiction matters

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll