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Rules definition

What does Rules mean? Rules describes the written provisions that govern how a pension scheme operates—especially occupational pension schemes—usually contained in, or annexed to, the trust deed (trust deed and rules). Legislation refers to these as scheme rules (for example, Pensions Act 1995 and Pensions Act 2004 in the UK, and the Pensions Act 1990 in Ireland). Scheme rules set out eligibility, benefit structure (defined benefit or defined contribution), contributions, service and accrual, retirement options and ages, revaluation/indexation, ill‑health and death benefits, transfers in and out, leaver provisions, forfeiture, augmentation, priority on winding‑up, discretions and decision‑making, and the scheme’s amendment and termination powers. They also...

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UK Rome II: Choice of law for specific non‑contractual claims in UK courts (product liability, competition, environment, IP, industrial action, unjust enrichment, pre‑contractual fault, negotiorum gestio, insurance)

Practice notes
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This Practice Note

This Practice Note is intended for use when identifying the Applicable law in proceedings before the courts of England and Wales concerning events that resulted in damage, where those events took place on or after 1 January 2021. Where a dispute involves a conflict of laws between parts of the UK, or between the UK and Gibraltar, UK Rome II applies where the harmful event occurred on or after 11 January 2009. For events falling outside these dates, the UK courts will apply a different applicable law regime, determined by the date of the event. For guidance on those regimes and how they relate to one another, see Practice Note: Applicable law regimes.

This Practice Note summarises the special Rules that govern particular categories of claim under UK Rome II, Regulation (EC) 864/2007 on the law applicable to non-contractual obligations. These include:

  • Product liability
  • Unfair competition and acts restricting free competition
  • Environmental damage
  • Intellectual property (IP) rights
  • Industrial action
  • Unjust enrichment
  • Negotiorum gestio—agency without authority
  • Culpa in contrahendo—fault in forming a contract
  • Insurance

For guidance on other aspects of the regulation, see...

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Angharad Parry
Angharad Parry , KC

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 22/05/2026

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