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Practice Note This Practice Note is intended for use when determining applicable law where a contract was concluded on or after 1 January 2021. For contracts entered into on other dates, the UK courts will apply a different applicable law regime. Which regime applies depends on the date the contract was made. For guidance on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note concerns UK Rome I, Regulation (EC) 593/2008. That regulation is applied when identifying the applicable law in cases where the contract was entered into on or after 1 January 2021. Formerly called Retained Rome I, from 1 January 2024 it is known as Assimilated Rome I—the alteration is in name only, not in the provisions of the regulation. Authorities may refer to the regulation by either title and, for ease of reference, this Practice Note refers to it as UK Rome I. For information on assimilated law, see Practice Note: Assimilated law. For guidance on whether judgments of...
Scope and purpose This Practice Note is intended to aid the review and/or negotiation of a consignment stock agreement, and sits alongside the Precedents: Consignment stock agreement—pro-customer and Consignment stock agreement—pro-supplier. Under a consignment stock set-up, the seller of goods (the consignor) places a stock of goods with the buyer (the consignee) while retaining title until the point the buyer takes or appropriates items for its own use. The buyer typically keeps the seller’s stock on its own premises and may draw on it as needed. This differs subtly from a standard supply on retention of title terms: with consignment stock (absent contrary wording), no contract of sale for identified consigned goods arises until the buyer appropriates them from the stock for use, whereas in a typical supply the contract usually exists before delivery Types of consignment stock arrangement Consignment stock arrangements can arise in various settings. They are particularly useful where an uninterrupted supply of the relevant goods is so critical to the buyer that it...
This Practice Note This Practice Note is intended for use when identifying the applicable law where the contract was concluded on or after 17 December 2009 and before 1 January 2021. For agreements made on other dates, the UK courts will apply a different applicable law regime. The regime engaged will turn on the date on which the contract was made. For guidance on the distinct regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note examines the rules in Article 5 of Regulation (EC) 593/2008, Rome I, which sets out how the governing law is determined for contracts of carriage. Although the article deals with both the carriage of goods and the carriage of passengers, this Practice Note addresses only the carriage of goods. The rules in Article 5 of Regulation (EC) 593/2008, Rome I operate solely to the extent that there is no choice of law under Article 3 of Regulation (EC) 593/2008, Rome I, which recognises the parties’ freedom to select the...