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BCL Law Notes Conflict of Laws Notes

Rome Ii Notes

Updated Rome Ii Notes

Conflict of Laws Notes

Conflict of Laws

Approximately 176 pages

These notes provide a comprehensive breakdown of what is needed, seminar by seminar, for the BCL Conflict of Laws course.

They include summaries of academic positions on key issues, case summaries, the relevance of a case to each area (eg. lis alibi pendens). They are organised in a simple, easy-digestible way without lacking any of the depth that is required to get to grips with this challenging module....

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The following is a more accessible plain text extract of the PDF sample above, taken from our Conflict of Laws Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ROME II: NON-CONTRACTUAL OBLIGATIONS

GENERAL

  1. Subject to interpretation by European Court by way of a Art 267 Ref TFEU

  2. Recital 7: that it will be consistent with Brussels I

  3. Doesn’t include defamation

  4. Applies irrespective of whether England has jurisdiction via Brussels I or the common law.

  5. Art 3 - Moreover, the law specified applies irrespective of whether it is the law of a MS

ENGLISH STATUTORY REFORM (as background only)

  1. Part III Private International Law (Miscellaneous Provisions) Act 1995 – this largely replaced the CL with a new statutory scheme

  2. Defamation was excluded from this by virtue of section 13

  3. This applies to torts committed before 11 Jan 2009. Won’t apply for exam.

  4. Harding v Wealands (HL) – this case showed that under this Act, the nature of any remedy awarded and the assessment of damages were determined by the lex fori (unlike Rome 2)

TORTS OR OTHERWISE

  1. Chapter 2 = non-contractual obligations that are torts

  2. Chapter 3 = non-contractual obligations which aren’t torts

CHOICE OF LAW ACCORDING TO ROME II REGULATION

General

  1. Applies to unjust enrichment

  2. Art 3 provides that any law specified by the Regulation is to be applied whether or not it is the law of a MS!!!

  3. It does apply to anticipated wrongs

Scope (Art 1, 2 and 25)

  1. DOES COVER

  1. Non-contractual obligations in civil and commercial matters, including:

  1. torts

  2. unjust enrichment

  3. pre-contractual fault

  1. DOESN’T COVER

  1. Homawoo – events (giving rise to damage) occurring before 12 January 2009

  2. acts/omissions of state authority Art 1(1)

  3. revenue, customs etc Art 1(1)

  4. evidence or procedure Art 1(3)

Meaning of Law

  1. When it’s decided that say the law of Ruritania applies, then that means apply Ruritania domestic law (so ignore Renvoi Art 24)

Habitual Residence

1. Defined by Art 23

Power to Choose The Law (Art 14)

  1. Parties can make an agreement as to the governing law (subject to specific exceptions like Art 6(4) and Art 8(3))

  2. Agreement before event...

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