Conflict Of Laws

Question 1

Conflict of laws

Answer 1

Necessary to determine which country’s law applies to the dispute

Question 2

Does CPR still apply?

Answer 2

Cpr always applies

Question 3

How to use other country’s law in E&W court?

Answer 3

Expert evidence of the law

Question 4

Rome 1 Regulation - determining governing law for contract disputes

Answer 4

1) have parties validly chosen which law applies? If yes, apply that

2) does contract relate to specific type or contract?

Sale of goods —> seller’s habitual residence
Provision of services —> seller’s habitual residence
Contract relating to land —> where land is situated
Distribution contract —> distributor’s habitual residence

3) if not, applicable law is where ‘characteristic performer’ is resident

4) is another country’s law manifestly more connected ?

Question 5

Rome 2 Regulation- determining governing law for tortious disputes

Answer 5

1) have parties validly chosen which law shall apply?
If decide before - give effect if both parties pursuing commercial activity and freely negotiated
If decide after - effective

2) if not, do C and D habitually reside in same country?
If yes, that country’s law will apply

3) if not, apply law of country where damage occurs
- where injury sustained or property damaged

4) is another country’s law more manifestly connected?