Chapter 14: Torts
14. Torts INTRODUCTION The Rome II Regulation In litigation relating to torts or restitutionary obligations, choice of the applicable substantive law is now regulated by EC Regulation 864/2007 on the Law Applicable to Non-contractual Obligations, which is usually referred to as the Rome II Regulation.1 The Regulation was adopted by the EC Parliament and Council on 11th July 2007.2 By Articles 31 and 32, the Regulation became applicable on 11th January 2009, and it applies to events giving rise to damage which occur after that date. Since the United Kingdom and Ireland elected to participate in the adoption and application of the Regulation, it applies in all the Member States except Denmark.3 Thus, in the United Kingdom, the choice-of-law rules specified by the Regulation have replaced those laid down by Part III of the Private International Law (Miscellaneous Provisions) Act 1995. The Rome II Regulation lays down choice-of-law rules for torts and restitutionary obligations. It is designed to complement the EU measures (the Rome Convention 1980, and its successor, the Rome I Regulation) on the law applicable to contractual obligations.4 The general purposes underlying the harmonisation of choice-of-law rules effected by the Rome II Regulation are disclosed by various recitals. In substance, these relate to the achievement of certainty, predictability and uniformity of result, regardless of forum; the achievement of justice in individual cases; and the achievement of a reasonable balance between the interests of the parties involved. Thus Recital 6 explains that the proper functioning of the internal market...
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