Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Applicable law definition

What does Applicable law mean? Applicable law describes the body of law that actually governs a dispute, transaction or issue in practice—either because the parties have made a valid governing law (choice‑of‑law) clause, or, absent such a clause, because conflict‑of‑laws rules select it. The term is descriptive rather than a defined statutory label and is used across contracts, tort/delict, property and regulatory compliance. In England & Wales, Scotland and Northern Ireland, if no valid choice is made, the applicable law of contractual obligations is identified under Rome I as retained EU law; for non‑contractual obligations, Rome II as retained EU law applies. In...

UK Rome II in foreign accident claims: applicable law, general rule and exceptions, contractual v non‑contractual, damages and interest, and PIL(MP)A 1995 legacy

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Practice notes

This Practice Note uses the term UK Rome II throughout. The regulation governs choice of law for matters in which the tortious harmful event took place on or after 1 January 2021. It was previously labelled Retained Rome II, but from 1 January 2024 it has been styled Assimilated Rome II—the alteration is in the title alone; the substance of the regulation is entirely unchanged. Judicial decisions may still cite it by either designation. For convenience, this Practice Note refers to the instrument as UK Rome II throughout. For details on assimilated law, consult Practice Note: Assimilated law.

What are the rules governing Applicable law from 1 January 2021?

Regulation (EC) 864/2007 on the law applicable to non-contractual obligations (Rome II) was an EU regulation brought into effect and applied in English law, in relation to harmful events occurring on or after 11 January 2009, by the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008, SI 2008/2986. Under the transitional provisions in the Withdrawal Agreement, Regulation (EC) 864/2007, Rome II therefore continued to govern relevant harmful events occurring on or before 31 December 2020...

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Web page updated on 22/05/2026

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