Legislation etc

On this page we have provided links to, and short notes on, relevant legislation: the key English statutes, Civil Procedure Rules (CPR), EU Regulations and International Conventions that are commonly engaged in commercial disputes in England and Wales which raise questions of Private International Law issues.   Prior to the implementation of the various conventions, the position in England was largely governed by the common law.

We have grouped the references into:

Jurisdiction

Brussels I (Recast) Regulation (No. 1215/2012) This EU regulation applies to all proceedings in “civil and commercial” matters begun after 17 January 2015 and regulates jurisdiction between the courts of EU member states and, in certain circumstances, between the courts of the member states and third states.

You might also like to use the flowchart to help navigate this.

Brussels I Regulation (No. 44/2001) This EU regulation entered into force 1 March 2002 and applied to “civil and commercial” matters.  It replaced the 1968 Brussels Convention (which had been given the force of law in England by the Civil Jurisdiction and Judgments Act 1982) and has now been superseded by Brussels I (Recast).
Lugano Convention 2007 This Convention is very similar to the Brussels I regime and applied in relation to Iceland, Norway and Switzerland.
Hague Convention on Choice of Court Agreements This Convention is concerned with the effectiveness of jurisdiction clauses agreed in “civil or commercial matters”.  The EU and Mexico are bound by it.  It entered into force on 1 October 2015 (see our post about this).
Civil Procedure Rules (CPR) Part 6 and CPR PD6B Part 6 of the CPR sets out the rules on how disputes as to jurisdiction are heard and determined in the English courts.  Part 6 and Practice Direction (PD) 6B also set out further rules about the service of documents out of the territorial jurisdiction of the English court.

Choice of Law

Rome I Regulation (No. 593/1008) This EU regulation sets out the choice of law rules for contracts concluded as from 17 December 2009 (note that the English text of the regulation had to be corrected in this regard, see corrigendum of 24.11.2009).
Rome Convention 1980 This convention sets out the choice of law rules for contracts concluded before 17 December 2009.  The convention has effect in English law only to the extent provided for in the Contracts (Applicable Law) Act 1990.  Prior to the 1990 act, common law governed the choice of law.
Rome II Regulation (No. 864/2007) This EU regulation sets out the choice of law rules for non-contractual obligations.  It applies to events giving rise to damage which, with limited exception, have occurred after 11 January 2009.
Private International Law (Miscellaneous Provisions) Act 1995 This act was the principal source of choice of law rules applicable to torts prior to the entry into force of the Rome II Regulation. The act entered into force on 1 May 1996; it replaced most of the common law rules previously relevant.
Foreign Limitation Periods Act 1984 This act provides that in general the limitation rules of the system of law applicable to any particular claim are to be applied to the claim.  Where the more recent Rome I and Rome II Regulations apply, the Foreign Limitation Periods Act does not.

Recognition, Enforcement and International Judicial Co-Operation

Brussels I (Recast) Regulation (No. 1215/2012) This EU regulation governs the enforcement of judgments given by EU courts in “civil and commercial” matters begun after 17 January 2015.
Brussels I Regulation (No. 44/2001) This EU regulation is of similar effect to Brussels I (Recast); it  entered into force 1 March 2002 and has been superseded by Brussels I (Recast).
European Enforcement Order Regulation (No. 805/2004) This EU regulation is intended to make the enforcement in EU member states of uncontested judgments in civil and commercial matters easier.  It applies, broadly, from 21 October 2005.
Lugano Convention 2007 This EU regulation is of similar effect to Brussels I (Recast). It applies to judgments from the courts of Iceland, Norway and Switzerland.
Administration of Justice Act 1920 This act deals with the enforcement (but not the recognition) of judgments issued by a limited number of Commonwealth states.
Foreign Judgments (Reciprocal Enforcement) Act 1933 This act deals with the enforcement  judgments issued by a limited number of Commonwealth states (not covered by the 1920 Act) and by certain other state (eg Israel).  In relation to EU states, the act is superseded by the Brussels I Regulation for almost all purposes.
Civil Jurisdiction and Judgments Act 1982 This act makes provision for enforcement of judgments under the Lugano and Brussels Conventions.  It also covers the enforcement of judgments issued in one part of the UK in another part of the UK.
Civil Procedure Rules (CPR) Part 70 and Part 74 CPR Parts 70 and 74 set out the English procedural rules governing the enforcement of judgments in England and in different jurisdictions.
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 The New York Convention covers the recognition and enforcement of foreign arbitral awards as well as referral by a court to arbitration.  In England, the Arbitration Act 1996 gives effect to the convention.
Arbitration Act 1996 The Arbitration Act 1996 gives effect to the New York Convention.
Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters The Hague Convention is a multilateral treaty which provides for the taking of evidence abroad in civil or commercial matters.  For non convention countries, bilateral arrangements may be in place for taking evidence.