1) Critically evaluate whether Art 6 of Rome I provides sufficient protection for
consumers who enter into cross border contracts. (1500 words)
Link to Rome I Regulation : https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008R0593&from=en
Link to Giuliano and Lagarde Report : https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31980Y1031(01):EN:HTML – this report may be considered in ascertaining the meaning or effect of any provision of the Rome Convention.
IMPORTANT : there should be mention of how UK would be affected due to Brexit as it is no longer a part of the EU and a short discussion on how protections under Art 6 might change for an independant state like the UK that is not part of the EU but deals with cross-border contracts with member states of the EU. This can be a short paragraph towards the end of the essay.
Brief outline of question 1 :
Introduction : Explain what Rome I Regulation is about, then move on to Article 6 of the regulation on the applicable for consumer contracts. End introduction with what the essay intends to discuss – that Art 6 does not provide sufficient protection/that it does provide sufficient protection.
Body: Article 6(1) of Rome I, where applicable law is governed by the country in which the consumer is habitual resident to (Art 19 for what constitutes ‘habitual residence’) and go through the 2 instances where an exception can be made. Use case law to reference examples of cases within the scope of Rome I and art 6 as well as the exceptions.
Next, critically evaluating whether article 6 provides enough protection by identifying the limitations of article 6 and use case law to support arguments.
After identifying limitations, there should be some suggestions made as to any amendments that could be made to afford further protection to consumers and why there should be more protection, referencing case law to support argument.
Conclusion :
should include a summary of whether after critical evaluation if article 6 provides adequate protection to consumers in cross-border contracts and how the amendments suggested can help provide more protection.
2) Critically analyse the potential benefit to the UK of re-joining the Lugano Convention. (1500 words)
Introduction: Explain what the Lugano convention is and about how the UK is no longer a party of due to Brexit but they have requested to accede to the convention. End introduction the same way as question one, outlining the main points that will be discussed in the essay.
Body:
Critically analyse the benefits of being a part of the Lugano convention.
Each paragraph should address a potential benefit that the UK will have if they are allowed to rejoin the Convention. Case law should be referenced to support why being a part of the Lugano Convention is advantageous for the UK.
One paragraph to talk about disadvantages the UK will face not being a part of the convention, which should explain why they are requesting to accede to the convention.
Conclusion:
Summary of what has been discussed in the essay as well as an overall conclusion to the critical analysis of the potential benefits the UK would enjoy should it re-join the Convention.
Sample Solution
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