This Practice Note examines key procedural issues that may arise in the High Court in relation to cross-border litigation in an employment context where proceedings are commenced on or after 1 January 2021, including: • service of proceedings in cross-border employment matters (see: Service of proceedings in cross-border employment disputes, below), and • the scope for an injunction to restrain proceedings in other jurisdictions (anti-suit injunction) (see: Anti-suit injunctions in the employment context, below) For information: • on applicable law, ie which system of law is applicable to the contract of employment or employment relationship under consideration, see Practice Note: Applicable law—which system of law applies to the contract or employment relationship • on international jurisdiction, ie whose courts and/or tribunals should decide the case, see Practice Note: International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases • on the territorial scope of relevant mandatory law, ie how the courts and employment tribunals decide what statutory rights (if any) the employee has,

As discussed in Practice Note: Summary judgment—general principles, the core test for a summary judgment application is whether or not the respondent has no real prospect of succeeding on their claim or defence or on a particular issue. The threshold for having a ‘real’ prospect of success is very low; it is therefore instructive to see illustrations of circumstances in which the courts have found that a respondent’s position was so poor that it actually lacked any ‘real’ prospect of succeeding at trial. The focus of this Practice Note is on decisions from 2026 onwards. Case details Date of judgment Outline of facts Why did the respondent lack ‘real’ prospects of success? AG Retail Num (6) Ltd v Andron Contract Services Ltd King’s Bench Division [2026] EWHC 1951 (KB) 30 July 2026 In this case, the defendant made an application to strike out the claim pursuant to CPR 3.4(2)(a) and / or for summary judgment pursuant to CPR 24.2 and CPR 24.3 against the claimant.The claimant, Andron Contract Services

Executive summary This report analyses why 25% of the calls we receive are from the procurement team asking questions or passing on information. The research was conducted in June and July 2026 and includes statistical data gathered from various sources. The research was conducted by a cross-party team of lawyers and support staff headed up by Fred Smith. The aim was to identify current bottlenecks in the process, what was causing them and how they could be fixed. The main recommendations of the report are: • improve communication around the contract drafting process • clarify what constitutes a conflict of interest and why it’s important • create an online infographic of the contract drafting process as a clear and consistent reference point • tighten adherence protocols around how we store information on the collaborative systems The full details of these recommendations can be found below. Should the recommendations be accepted, initial roll-out can begin within two weeks. What is the problem/issue and what does it cost? Problem/issue Analysis Issue Delays at the start of new supplier process is resulting in complaints and an impact

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied] that the Claimant was employed by the Respondent as a [insert claimed job title, eg a trainee accountant] [insert details of location, eg at its London office] from [insert date] until her dismissal on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an accountancy firm with five offices]. 2 The Respondent denies that it has in any way acted unlawfully towards the Claimant, as alleged or at all. 3 [It is [accepted OR denied OR that the Claimant’s contract of employment included a notice period of [insert details, eg three months]. OR It is accepted OR denied] that the Respondent did not provide the Claimant with the required employment particulars. [The Claimant was provided with and signed a contract of employment on [insert date].] ] [Insert response to factual allegations made by the Claimant. Sample text is provided at paragraphs 4 to 15 below.] 4 It is accepted that the Claimant had completed

This Agreement is made on [insert date—note that admission agreements can take effect on a date earlier than the date of execution]. Parties 1 [insert full name of Administering Authority] (the ‘Administering Authority’); 2 [insert full name of Scheme Employer] (the ‘Scheme Employer’); and 3 [insert full name of Admission Body] a company registered in England (company registration no. [insert number]) whose registered office is at [insert registered company address] (the ‘Admission Body’). Background (A) [insert full name of Administering Authority] is the Administering Authority of the [insert full name of pension scheme] in accordance with the Regulations. (B) The Scheme Employer is a scheme employer within the meaning of the Regulations. (C) With effect from the Contract Start Date, the Admission Body will provide the Services in connection with the exercise of a function of the Scheme Employer pursuant to the Contract between the Scheme Employer and the Admission Body. (D) The Administering Authority, the Scheme Employer and the Admission Body have agreed to enter into an admission agreement to enable the Eligible Employees to be members of the Scheme and to participate in the Fund. The parties agree:

1 Purpose and scope of the procedure 1.1 The code of conduct and disciplinary procedure set out below are designed to ensure that all employees of the Company are treated fairly and consistently, to ensure the efficient and safe performance of work and to promote the maintenance of good relations between colleagues and between employees and their managers. 1.2 You should familiarise yourself with and abide by the code of conduct and disciplinary procedure, which applies to all employees. 1.3 The code of conduct forms part of your contract of employment with the Company. The disciplinary procedure does not form part of your contract of employment. It may be amended at any time and the Company may use an alternative procedure depending on the circumstances of the particular case. 2 Code of conduct 2.1 The code of conduct covers the main standards of behaviour and performance required by the Company. You are under a duty to comply with the standards of behaviour and performance required by the Company and to behave in a reasonable manner at all times. We may consider your

SUBJECT TO CONTRACT/CONTRACT DENIED Head of Terms (“Heads”) Sale of [insert] 1 Parties 1.1 Vendor [Insert name and (if applicable) company number] 1.2 Purchaser [Insert name and (if applicable) company number] 2 Property details 2.1 Property [Insert property description] 2.2 [ Registered land [Insert Folio number(s)]] 2.3 [ Lease The title to the Property is freehold held in fee simple/the title to the Property is freehold held subject to a Fee Farm Grant/the title to the Property is held under a lease for a term of [insert years] commencing on [insert date], made between [insert original parties] and dated [insert date].] 2.4 [ Occupational lease[s] Date Premises Current tenant Term end date Current annual rent (€)] Clause 3—Rights Use this clause if the sale is a sale of part or a sale of whole where the Vendor has adjoining land and rights and reservations will be required. 3 [ Rights 3.1 Rights granted [Insert details] 3.2 Rights to be retained [Insert details] 3.3 Rights to be excluded [Insert details]] 4 [ Continuing obligations 4.1 Purchaser’s covenants [Insert details] 4.2 Vendor’s covenants [Insert details]] 5 Purchase price €[insert amount] [plus

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent as a [insert job title, eg Senior Accountant] from [insert date] until [his OR her OR their] dismissal on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an internet service provider]. 2 The Respondent denies that the Claimant was unfairly[ and/or wrongfully] dismissed[ and/or that there was a failure to comply with the statutory right to be accompanied by a trade union representative or colleague at a disciplinary hearing], as alleged or at all. [ The contract of employment ] 3 [It is [accepted OR not accepted OR denied] that the Claimant’s contract of employment included a notice period of [insert details, eg three months]. [The Claimant’s notice period was [insert details, eg two weeks]] ] 4 [Insert details of any other relevant contractual terms of relevance to the performance capability issues in question.] [ The Respondent’s relevant policies and procedures ] 5 [[Insert details of any relevant provisions of

This Practice Note provides guidance on exclusions and limits of liability relevant to engineer, procure and construct (EPC) contracts. It should be read alongside Practice Note: Limiting liability in construction contracts, which provides more detailed information on limits of liability in general. A key consideration when reviewing any type of limitation or exclusion of liability clause in an EPC contract is the law applicable to the contract. This will often have a significant impact on both the interpretation and enforceability of the clause in question. It is outside the scope of this note to consider the various implications that may arise depending on the chosen jurisdiction, and references throughout this note will be to the implications under English law, unless otherwise specified. In drafting any type of limitation or exclusion of liability clause it is important that clear and unambiguous wording is used. Most EPC contracts include provisions limiting liability for the following reasons: • EPC contracts are frequently used for major infrastructure and complex facilities. As a result, there are usually huge financial implications

Whether or not a zero-hours worker is entitled to statutory maternity leave and pay depends on their employment status, as only a woman who has the status of employee qualifies for the right in each case. The rules that govern entitlement to statutory maternity leave are separate to those that govern entitlement to statutory maternity pay (SMP). Entitlement to statutory maternity leave The right to statutory maternity leave is set out in the Employment Rights Act 1996 (ERA 1996). The detail of the right is set out in the Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312. Under these statutory provisions, only women who are employees within the definition in ERA 1996, s 230, ie those employed under a contract of service or apprenticeship, (see Practice Note: Employee status) are entitled to statutory maternity leave. Those with the status of ‘worker’, (see Practice Note: Worker status) but who do not have a contract of employment do not have the right to statutory maternity leave. There

An undertaking is a promise that one party will do something in the future whereas a warranty is a promise that a present fact or circumstance is true. Unlike a breach of a warranty, the breach of an undertaking may give rise to a claim for specific performance and injunctive relief. Background The words ‘warrants’ and ‘undertakes’ are often used as a single grouped concept. However, they are not interchangeable. Each has different temporal characteristics and different remedies. Understanding the differences between them and using them appropriately can be important to ensure that the correct remedies attach to the appropriate terms in an agreement. (For more details and other key terms, see Practice Note: Contract interpretation—conditions, warranties and intermediate terms). In essence, an undertaking is a promise that one party will do something in the future whereas a warranty is a promise that a present fact or circumstance is true. In a real estate contract, a seller may warrant that there are no defects

Consumer insurance and commercial insurance for businesses This Practice Note provides an overview of some of the most common types of insurance that are available, who might need them, and how they work. Generally speaking, insurance is divided into two categories: (a) insurance for consumers and (b) insurance for businesses. For consumers, the relevant statutory regime is the Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012). CI(DR)A 2012 defines a consumer as an ‘individual who enters into the contract wholly or mainly for purposes unrelated to that individual’s business trade or profession’. The CI(DR)A 2012 deals with the issue of what a consumer must tell an insurer before entering into or varying an insurance contract. See Practice Note: A guide to the Consumer Insurance (Disclosure and Representations) Act 2012 for further information. For businesses, the legislative framework is the Insurance Act 2015 (IA 2015). The IA 2015 represents a paradigm shift away from what was considered to be an outdated and excessively