Jurisdiction(s):
United Kingdom

Key definition

Conflict of laws definition

What does Conflict of laws mean? Conflict of laws (also called private international law) describes how courts determine the governing law, the competent court (jurisdiction/forum), and the recognition and enforcement of foreign judgments in cross‑border matters. It is a descriptive field rather than a single statutory definition, drawing on legislation, retained EU regulations, international conventions and case law. Across England & Wales, Scotland and Northern Ireland, choice of law in contracts and non‑contractual obligations is largely governed by retained EU law (Rome I and Rome II), applied with domestic modifications. Jurisdiction and enforcement are primarily governed by common law and the Hague Convention on Choice...

Brussels I Recast (EU Regulation 1215/2012): Transitional Provisions and Key Changes—Choice of Court, Reversing Gasser, Arbitration Exclusion, Third State Stays, Consumer/Employee Claims and Abolition of Exequatur

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Practice notes

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ARCHIVED

This Practice Note is archived and not maintained. It is designed to outline the principal changes introduced by the recast of Brussels I and to describe the transitional arrangements so you can decide whether the new provisions apply to the matter you are handling. It was produced in January 2015 and will not be updated. The links in Related Documents are to maintained documents and give the up to date position.

Transitional arrangements

Under art 66, Brussels I (recast) applies only where the relevant events occur on or after 10 January 2015. Those events are:

legal proceedings have been commenced
authentic documents have been prepared or registered
court settlements have been approved or concluded

Warning

Art 80 states that Brussels I (recast) repeals Brussels I. However, art 66 makes clear that, despite that provision, Brussels I continues to apply to judgments in proceedings begun before 10 January 2015 and to authentic documents prepared or registered, and court settlements approved or concluded, before 10 January 2015...

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Web page updated on 21/05/2026

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