Choice of proper law under Article 4 of Rome II unsuitable for summary determination

17/01/13

The Commercial Court has dismissed an application for summary determination of the choice of the proper law of the torts in a case of alleged conspiracy in relation to an investment structure. The defendants sought summary judgment on the choice of law for the torts, contending that Luxembourg law applied under Rome II. The claimants' case was that English law applied but that in any event, the court could not safely decide until trial. The court additionally considered issues as to reflective loss of secured creditor claims, the pleading and scope of section 423 of the Insolvency Act 1986 and the scope of a security assignment.

Flaux J held that all these matters should await the full trial of the action.