Applicable law in non-contractual disputes

This Overview considers the applicable law regimes when determining the applicable law in a non-contractual dispute. Reference is made retained EU law. Since 1 January 2024, this has been known as ‘assimilated law’, in accordance with section 5 of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023). For guidance, see Practice Note: Assimilated law.

For guidance on other aspects of determining the applicable law, see:

•
Applicable law principles—overview
•
Determining applicable law in contractual disputes—overview

The applicable law is only one consideration when dealing with a cross border dispute. For an insight into the various considerations, see: Cross border considerations—checklist.

How applicable law is determined

The applicable law regime applied by the courts of England and Wales to determine the applicable law in non-contractual disputes will depend upon the date on which the harmful event complained of occurred and whether the proceedings fall within the relevant regime:

•
1 January 2020 onwards—Assimilated Regulation (EC) 864/2007 on the Law Applicable to Non-contractual Obligations, referenced as UK Rome II
•
11 January 2009 to 31 December

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