Podcast Location:
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Corporate & Commercial Law
European Law
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at civil practitioners interested in conflict of laws issues arising from cross border litigation over non-contractual obligations. It aims to set out the background to Rome II, its scope and the mechanisms by which the governing law is to be determined.

After completing the course you will:
  • Understand what Rome II is and how the regulations work;
  • Understand what remains of the governing law regime for non-contractual obligations that applied before Rome II;
  • Know when will Rome II applies from;
  • Understand the scope of Rome II;
  • Understand what is meant by Rome II’s "universal application";
  • Understand how the applicable law determined under Rome II?;
  • Understand how Rome II fits together with the Brussels I Jurisdiction Regulations;
  • Understand which matters will be determined by the applicable law – once it has been ascertained;
  • Understand what is meant by ‘damage’ and where does can it be said to have occurred for the purposes of Rome II;
  • Understand the circumstances in which the general rule for determining the applicable law of a non-contractual obligation can be displaced.
General Interest Difficulty: 2 of 5
Legislative Updates
Panel Discussion
Practical Guide
Sources and References:
  • Rome II Regulations No 864/2007;
  • Brussels Regulation No 44/2001;
  • Private International Law (Miscellaneous Provisions) Act 1995;
  • Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (SI 2008/2986);
  • Jacobs v Motor Insurance Bureau [2010] EWHC 231 QB;
  • Jacobs v Motor Insurers Bureau [2010] EWCA Civ 1208;
  • Homawoo v GMF Assurances SA (Area of Freedom, Security and Justice) [2011] EUECJ C-412/10.

Under Rome II (Regulation 2007/864) the courts of all EU member states other than Denmark must apply the same set of rules to determine the law that will govern non-contractual obligations arising between parties in civil and commercial matters. This podcasts outlines the key provision of Rome II, highlighting its practical impact on civil and commercial matters.

Podcast added: 06/08/12

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