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.