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01 April 2010 / Paula Harris
Issue: 7411 & 7412 / Categories: Features , EU
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The EU agenda

Paula Harris charts the top EU legal developments for litigators in 2010

Rome 1, formally known as Regulation (EC) No 593/2008, on the choice of governing law in contracts came into effect in the UK on 17 December 2009.

It seeks to harmonise conflict of law rules in respect of contractual agreements throughout the EU and will apply to contracts entered into after that date. It broadly maintains the principle enshrined in the earlier Rome Convention that contractual parties should be free to choose the law which will govern their contract. It also seeks to clarify the position when the parties have not made any choice regarding which country’s laws should apply.
While the Rome Convention will continue to apply to contracts entered into before 17 December 2009, key changes brought in by Rome I applying to contracts concluded after that date include the following.

The parties’ right to choose the law governing their contract remains the overriding principle of Rome I. However, Art 1 goes further than the Rome Convention in stating that, “the choice shall be made expressly or clearly demonstrated

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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