Podcast Location:
Download it here [file size: 36.5 MB]
Categories:
Corporate & Commercial Law
European Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
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.

Outcomes:
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.
Level:
General Interest Difficulty: 2 of 5
Classification:
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.
Tags:

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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