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Rome Ii Notes

BCL Law Notes > Conflict of Laws Notes

This is an extract of our Rome Ii document, which we sell as part of our Conflict of Laws Notes collection written by the top tier of University Of Oxford students.

The following is a more accessble 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. 2.

3. 4.

Subject to interpretation by European Court by way of a Art 267 Ref TFEU Recital 7: that it will be consistent with Brussels I Doesn't include defamation 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!!!

1

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