header-logo header-logo

12 November 2009
Issue: 7393 / Categories: Case law , Law digest
printer mail-detail

Conflict of laws

FR Lurssen Werft GmbH & Co KG v Halle [2009] EWHC 2607 (Comm), [2009] All ER (D) 33 (Nov)

Under Art 3.1 of the Rome Convention, a contract was governed by the law chosen by the parties. In the absence of a choice of law, the law governing a contract was determined in accordance with Art 4 of the Convention. The court should consider whether there was a real, albeit implicit, choice of law which was demonstrated with reasonable certainty by all the circumstances of the case.

Article 4.1 provided that a contract was to be governed by the law of the country with which it was most closely connected. The Convention was an international convention and should be interpreted on the basis of an “autonomous” rather than a particular national or English law approach.

Its interpretation and its application to facts should be the same in all states who were party to the Convention, which involved a purposive approach to interpretation rather than a narrow or literal approach.

A court should not strain to find

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll