Rome II (EU) on non-contractual obligations: temporal scope, territorial application, exclusions, interpretation, party choice, overriding mandatory rules, and emerging AI issues, including the UK's post-Brexit position
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Practice notes
This Practice Note is intended to assist with identifying the governing law for events that result in damage, where those events occurred on or after 11 January 2009.
It explains when and why Regulation (EC) 864/2007 on the law applicable to non-contractual obligations—known as Rome II—was brought in, and outlines the situations in which it applies and those in which it does not. In this Practice Note, the regulation is referred to as Rome II. For guidance on other aspects of Rome II, see the Practice Notes: Rome II—the general rule and its displacement, and Rome II—special rules.
When did Rome II come into force?
There was some doubt about the date from which Regulation (EC) 864/2007, Rome II should be applied. Article 31 of Regulation (EC) 864/2007, Rome II, headed ‘Application in time’, states that the Regulation applies to events giving rise to damage that occur after it takes effect. The problem was that no specific commencement date was stated for when the Regulation entered into force. Consequently, the date adopted, as provided by Article 254(1) of the EC Treaty, is that it entered into force...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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