Cross-border employment disputes—key procedural issues in High Court litigation
Produced in partnership with Edward Kemp of Littleton Chambers

The following Employment practice note produced in partnership with Edward Kemp of Littleton Chambers provides comprehensive and up to date legal information covering:

  • Cross-border employment disputes—key procedural issues in High Court litigation
  • Brexit impact
  • Overview of effect of IP completion day
  • Anti-suit injunctions
  • Service out of the jurisdiction
  • Security for costs
  • Initial considerations
  • Anti-suit injunctions in the employment context
  • Service of proceedings out of the jurisdiction
  • Brussels I (recast)
  • More...

Cross-border employment disputes—key procedural issues in High Court litigation

This Practice Note examines key procedural issues that may arise in the High Court in relation to cross-border litigation in an employment context.

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 31 December 2020, known as ‘IP completion day’. 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 had to continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union (CJEU or ECJ).

The repeal of the European Communities Act 1972 (ECA 1972), effective on exit day, was subject to specific savings provisions to allow for the operation of the implementation period in UK domestic law. Key provisions of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and associated Brexit-related legislation (including Brexit SIs), were amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) where required to reflect the transitional arrangements. This included deferring the adoption of retained

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