Article 14 Freedom of choice
United Kingdom
The parties may agree to submit non-contractual obligations to the law of their choice:
by an agreement entered into after the event giving rise to the damage occurred;
or
where all the parties are pursuing a commercial activity, also by an agreement freely negotiated before the event giving rise to the damage occurred.
The choice shall be expressed or demonstrated with reasonable certainty by the circumstances of the case and shall not prejudice the rights of third parties.
Where all the elements relevant to the situation at the time when the event giving rise to the damage occurs are located in a country other than the country whose law has been chosen, the choice of the parties shall not prejudice the application of provisions of the law of that other country which cannot be derogated from by agreement.
Where all the elements relevant to the situation at the time when the event giving rise to the damage occurs are located in one or more of F1relevant states, the parties' choice of the law applicable other than that of a F2relevant state shall not prejudice the application of F3F4assimilated law which cannot be derogated from by agreement.
Annotations
Textual amendments
- F1
Words in Art. 14(3) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 11(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 14(3) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 11(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 14(3) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 11(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Word in Art. 14(3) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 4 para. 3(a)