Determining applicable law in contract and tort: regime timelines, choice/default rules, and interplay across Rome I/II, the Rome Convention, PIL(MP)A 1995 and common law

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Practice notes

Relationships between the different applicable law regimes

This Practice Note outlines the various applicable law frameworks that the courts in England and Wales may use. Which framework applies turns on whether the dispute is contractual or non-contractual, and on timing: the date the contract was concluded or, for a non-contractual claim, the date of the harmful event. Each framework contains intricate rules that the court must apply when identifying the governing law. In most matters, distinguishing between a contractual claim and a tortious claim will be straightforward. Where it is not, the crucial task is to analyse and classify the obligations in issue, i.e. whether they are ‘contractual’ or ‘non-contractual’. That characterisation then fixes the regime to be used. This can be outcome-determinative if the law identified under a contractual regime differs from that produced under a non-contractual regime. Note: what counts as a ‘contract’ for the purposes of applicable law can be disputed. The interplay between the regimes is considered under: Relationships between the different applicable law regimes...

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Web page updated on 21/05/2026

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