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Photo of Marie Louise Kinsler QC and Alistair Mackenzie appear in important Court of Appeal case on applicable law

Marie Louise Kinsler QC and Alistair Mackenzie appear in important Court of Appeal case on applicable law

Date: August 9, 2018

The Court of Appeal has today handed down an important decision on the distinction between contractual and non-contractual obligations for the purposes of applicable law, clarifying the relationship between the Rome I and Rome II Regulations.

The case concerned whether a particular strict liability obligation found in French law was to be considered under the Rome I or Rome II Regulation. The judgment of the Court of Appeal examines the degree to which a liability must be connected to a contract before it can be considered to be a contractual one.

Marie Louise Kinsler QC and Alistair Mackenzie both acted in the Court of Appeal and at first instance, instructed by Leigh Day.

Please click here for a copy of the judgment.

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