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B2C contracts across the UK: choice of law and jurisdiction, directing activities and fairness: UK Rome I/II, CJJA 1982, CRA 2015, DMCCA 2024
PRACTICE NOTES
B2C contracts across the UK: choice of law and jurisdiction, directing activities and fairness: UK Rome I/II, CJJA 1982, CRA 2015, DMCCA 2024
This Practice Note explores how far businesses established in England and Wales may stipulate that agreements with consumers located elsewhere in the UK are governed by, and/or fall within the courts of, England and Wales. It reviews the rules that select governing law and forum for both contractual and non-contractual liabilities in UK business-to-consumer (B2C) arrangements. For these purposes, ‘consumer’ means an individual acting for reasons unconnected with their trade or profession. Brexit This Practice Note refers to retained EU law (REUL) and related concepts introduced by the European Union (Withdrawal) Act 2018 in the context of Brexit. From the end of 2023, REUL that continues in effect is termed ‘assimilated law’. Re-labelling REUL and linked terms as assimilated law signals a shift in status and treatment within UK law: it is, in general, read through ordinary domestic legal principles. With effect from 1 January 2024, REUL is
Commercial
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