1. Against this proposition can be ranged the argument that ignoring the conflicts dimension of a case is in itself an active choice of law by the parties in favour of the lex fori (see R Fentiman, Foreign Law in English Courts: Pleading, Proof and Choice of Law [Oxford University Press, 1998], 70–73), which ex post facto choice is as valid as a prior express agreement in a contract. It is interesting in this connection to note that ex post facto choice is allowed by the Rome Convention, and would be allowed by the proposed “Rome II” Regulation on the law applicable to non-contractual obligations.