International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases

Produced in partnership with Edward Kemp of Matrix Chambers

Practice notes

International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases

Produced in partnership with Edward Kemp of Matrix Chambers

Practice notes

This PrACTice Note considers the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982), which determine the question of international jurisdiction in relation to employment proceedings instituted on or after 1 January 2021.

For guidance on international jurisdiction when the proceedings were instituted on or before 31 December 2020, see:

•
Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals
•
Determining jurisdiction in employment disputes (to IP completion day)—flowchart

Background

If the claim is a common law claim brought in the courts, such as a claim for damages for breach of contract or to enforce post-termination restrictions (restrictive covenants), the rules on jurisdiction in CJJA 1982 and the Civil Procedure Rules (CPR) will apply.

These rules apply to proceedings instituted on or after 1 January 2021 and they replace Brussels I (recast) and the Lugano Convention which applied in respect of proceedings instituted before the end of the Brexit transition period.

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479:

Edward Kemp

Barrister, Matrix Chambers

Edward has a broad cross-disciplinary practice in employment and equality, private international, human rights and commercial law. Edward is ranked as a leading junior in the following directories: (1) Legal 500 UK – tier 1 for employment; (2) Legal 500 EMEA – tier 1 for commercial disputes in the Middle East; (3) Chambers UK – for employment; (4) Chambers Global – expertise based abroad for DIFC and ADGM litigation in the United Arab Emirates. He was nominated for Employment Junior of the Year in the Legal 500 Awards 2020.

Edward is particularly sought after for challenging cases raising novel points of law and sensitive factual disputes requiring creative thinking and flexible advocacy skills. He is singled out for his exceptional legal ability having been consistently described as “extremely bright…always does a first class job” (Legal 500 2021), “extremely intelligent” (Legal 500 2018), “exceptionally talented” (Chambers and Partners 2013) and “one to watch” (Chambers and Partners 2016).

Edward has a strong practice as both a trial and appellate lawyer. He has been instructed as sole or leading counsel in many appellate cases in the EAT and the Court of Appeal. He has also been led twice in successful appeals before the Supreme Court, having appeared as counsel at every level of court and tribunal below. Edward also has experience of drafting applications before the European Court of Human Rights.

Jurisdiction(s):

United Kingdom

Key definition:

Jurisdiction definition

What does Jurisdiction mean?

Jurisdiction means both the authority or power of the court to determine a dispute between parties as well as the territory over which the legal authority of a court extends.

International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases

Produced in partnership with Edward Kemp of Matrix Chambers