Conflictul de legi

Jurisdiction — Post-Brexit, English courts determine jurisdiction under common law (service of proceedings, submission, forum non conveniens) and retained EU law for matters not covered by international conventions.

Applicable Law in Contract — The Rome I Regulation (retained) determines the law applicable to contractual obligations. The parties' choice of law is generally respected. In the absence of choice, the law of the country most closely connected applies.

Applicable Law in Tort — The Rome II Regulation (retained) determines the law applicable to non-contractual obligations. The general rule is the law of the country where the damage occurs (lex loci damni).

Recognition of Foreign Judgments — Foreign judgments may be recognised and enforced under common law (requiring a final and conclusive judgment of a court with jurisdiction), bilateral treaties, or the Hague Convention on Choice of Court Agreements 2005.

Forum Non Conveniens — English courts may stay proceedings if another forum is clearly more appropriate for the trial of the action (Spiliada Maritime Corp v Cansulex [1987]).