It raises the important question of how far Rome II has encroached on the traditional view of national procedural autonomy in the conflict of laws. 340 concerns the definition of “procedure” in Article 1(3) and the meaning of “applicable law” in Article 15(c). Activate the CD KEY on your Steam client to download the game and play in multiplayer. The decision of the Court of Appeal in Wall v Mutuelle De Poitiers Assurances EWCA Civ 138 3 All E.R. Buy Total War ROME 2 CD KEY Compare Prices. “the law applicable to non-contractual obligations”) to govern, inter alia, “the existence, the nature and the assessment of damage or the remedy claimed” (Article 15(c)). That rule is, however, qualified by Article 15, which requires the law applicable under the Regulation (i.e. The distinction between substance and procedure is preserved by Article 1(3) of Council Regulation (EC) No 864/2007 (“Rome II”) which provides, with certain exceptions, that Rome II “shall not apply to evidence and procedure”. In the context of damages, although the existence of damage is a question for the lex causae, its quantification and assessment is determined according to the law of the forum ( Boys v Chaplin A.C.
AT common law, in cases where the substantive claim is governed by foreign law, questions of procedure are nonetheless governed by the lex fori.
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