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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights鈥攃hecklist This Checklist provides an overview of the questions to be asked when determining: 鈥 which system of law is applicable to a contract of employment or employment relationship (applicable law) 鈥 whose courts and/or tribunals should decide an employment case (jurisdiction), and 鈥 how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as 鈥業P completion day鈥. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...
Ireland鈥擠etermining jurisdiction in civil litigation鈥攃hecklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: 鈥 which specific court an action should be raised in, see Practice Note: Ireland鈥擲tarting a civil action 鈥 other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland鈥擲tarting a civil action and Ireland鈥擯re-action conduct, and in initiating and case managing a civil claim, Ireland鈥擯rogressing and managing a High Court civil claim respectively 鈥 other aspects of Irish civil litigation, see: Ireland鈥擜lternative dispute resolution and settlement鈥攐verview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...
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Cross-border service鈥攆lowchart This flowchart sets out the steps required to ensure effective service of the claim form out of the jurisdiction. It should be read alongside
Determining jurisdiction in employment disputes (1 January 2021 onwards)鈥攆lowchart This Flowchart provides an overview of the questions to be asked when determining international jurisdiction in employment cases, ie where proceedings can be brought, or which courts and/or tribunals should decide the case, where the proceedings were instituted from 1 January 2021 onwards. For further information on jurisdiction in employment cases from 1 January 2021 onwards, see Practice Note: International jurisdiction鈥攖he Civil Jurisdiction and Judgments Act 1982 in employment cases. For a Flowchart: 鈥 for determining jurisdiction in employment disputes prior to 31 December 2020, see: Determining jurisdiction in employment disputes (to IP completion day)鈥攆lowchart [Archived] 鈥 for determining the applicable law, ie which system of law is applicable to a contract of employment or employment relationship, see: Determining applicable law in employment disputes鈥攆lowchart 鈥 for determining the territorial application or scope of statutory employment rights, see: Determining what UK statutory rights an employee has鈥攆lowchart For a Checklist that provides an overview of the questions to be asked when determining applicable...
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Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: 鈥 the most common orders sought by employment lawyers in Scottish civil courts 鈥 the structure of the Scottish civil court system 鈥 the jurisdiction and key features of each relevant court 鈥 rights of audience 鈥 rules of procedure 鈥 important points about: 鈼 breach of contract claims in Scotland 鈼 injunctive (interlocutory) relief in Scotland 鈼 dawn raids in Scotland 鈼 industrial relations disputes in Scotland 鈼 equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...
Application for disclosure of information supplied in order to obtain a warrant The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where the investigator wants the court to withhold that information, is governed by Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, rr 5.7鈥5.10. These rules have been amended to codify the decision in Metropolitan Police Commissioner v Bangs, which is analysed in this Practice Note. Does a magistrate have jurisdiction to hear an application? Following Eastenders Cash and Carry v South Western Magistrates Court a magistrate would be correct to adopt the starting point that a claimant was entitled to see the information which persuaded the court to issue a search warrant unless the public interest requires that some or all of the material relied upon should not be disclosed. When a court is considering an application for a search warrant and exercises its statutory power to grant one, the...
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Consultancy agreement鈥攃ompany and individual鈥攑ro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant鈥檚 name] [Insert consultant鈥檚 address] [Insert date] Dear [insert consultant鈥檚 name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks鈥 OR months鈥橾 prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks鈥 OR months鈥橾 notice in writing during such fixed period terminating the...
Distribution agreement鈥攏on-exclusive鈥攕hort form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales 鈥 has the meaning given in Article 8(7) of VABEO; Affiliate 鈥 means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where 鈥渃ontrol鈥 means the beneficial ownership of...
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In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply? This Q&A considers the relevance of Regulation (EU) 1215/2012, Brussels I (recast) when considering whether permission is required to serve out of the jurisdiction. What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction? Permission is not required to serve a claim form out of the jurisdiction where the factors in CPR 6.32 or CPR 6.33 are satisfied (note that CPR 6.32 is not relevant in this instance as it only applies to Scotland and Northern Ireland). CPR 6.33 sets out various scenarios where the permission of the court is not required to serve out of the UK. These include (at CPR 6.33(2)) reference to various provisions of Regulation (EU) 1215/2012 (Brussels I...
When issuing a claim form (for a debt matter) where the defendant is a company based in Jersey, the court has advised we need to provide a completed Form N510 but they cannot advise which box to tick. How is Jersey classed? Jersey is part of the Channel Islands. The islands are a crown dependency. Form N510 can only be used where permission of the court is not required to serve a claim form out of the jurisdiction. it is therefore important to determine whether the court鈥檚 permission is required to serve the claim form in Jersey. Permission is not required if any of the provisions in CPR 6.33 apply. Where proceedings were issued prior to 31 December 2020 at 11 pm, permission will not be required if the provisions in CPR 6.33(2) apply. These cover proceedings in which: 鈥 the defendant is not a consumer, but is a party to a consumer contract within Article 17 of the Judgments Regulation 鈥 the defendant is an...
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Arbitration analysis: One shareholder (A. Ltd or 鈥楢鈥) sued another (B. JSC or 鈥楤鈥) for breach of a shareholders鈥 agreement before the Swiss Arbitration Centre. Soon thereafter, the shareholders鈥 joint-venture company (C. LLC or 鈥楥鈥) sued A in a Latvian court, asserting rights under the shareholders鈥 agreement, even though it was not a signatory thereto. Shareholder A subsequently requested the tribunal to join C as a party to the arbitration and order it to stop pursuing the Latvian state court proceeding. The arbitral tribunal declined jurisdiction over C and dismissed A鈥檚 requests. The Swiss Federal Court confirmed the award. The court considered itself bound by the arbitrators鈥 factual finding that the two shareholders did not intend non-signatory C to be a third-party beneficiary. The court therefore did not need to address the still unsettled question whether such a beneficiary could be compelled to arbitrate. The court also found that C (even though it had asserted rights under the shareholders鈥 agreement in a Latvian court) had not manifested an intent to...
Law360, London: Shifting US enforcement priorities may soon create a crisis in international anti-corruption efforts.
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