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 understand by these different dates?

Different meanings

Under EC

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll