Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Habitual residence definition

What does Habitual residence mean? Habitual residence describes the place where a person is normally and genuinely living and integrated, forming the centre of their life, rather than a temporary stay. It is a factual concept developed mainly in case law, not a single statutory definition, and is used across family law, child abduction (Hague 1980), child protection (Hague 1996), maintenance, and other private international law/conflict of laws questions of jurisdiction and applicable law. Key features: it requires a stable degree of residence and social/family integration; mere presence or a stated intention to settle is insufficient by itself, and there is no requirement of permanence. Habitual...

Rome II tort applicable law: Article 4 default, habitual residence and escape clause; multi-jurisdictional damage and damages, interpretation and case law (England and Wales; events 2009–2020)

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Practice notes

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Rome II (transitional)

Use this Practice Note to identify the applicable law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. It applies to events giving rise to damage within that period. Where matters occurred outside those dates, the UK courts will apply a different applicable law regime. For other dates, an alternative conflicts framework will instead be used there. The governing regime turns on the date of the precipitating event. For guidance on the various regimes and how they relate, see Practice Note: Applicable law regimes. This Practice Note addresses Regulation (EC) 864/2007 on the law governing non-contractual obligations, Rome II (transitional). In identifying the applicable law, Article 4(1) sets the default rule. However, a different system will apply if a derogation under Articles 4(2) or 4(3) is triggered. Those derogations require consideration of matters including the habitual residence exception and the ‘escape clause’. In this Practice Note, the regulation is referred to as Rome II...

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Angharad Parry , KC

Twenty Essex

Angharad Parry specialises in advisory and advocacy work in a wide range of commercial disputes with a special focus on private international law issues/conflict of laws, sale of goods and commodities, energy and natural resources, off-shore, projects and heavy industry, carriage of goods, shipping and public international law work (particularly involving contracts between states and private entities). In addition to court work, she has extensive experience in arbitration, particularly before the ICC and LCIA. Angharad has also been involved in court proceedings, ancillary to arbitration, with a recent appearance before the Court of Appeal in the seminal case of Integral Petroleum Ltd v Melars Group Ltd (2016) EWCA Civ 108. She has also been involved in numerous proceedings with multi-jurisdictional elements.Angharad is recommended by The Legal 500 (2012 and 2013) as a "Leading Junior" in the field of Commercial...

Web page updated on 21/05/2026

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