Where a dispute or claim arises in respect of an employee who works wholly or partly abroad and/or has a foreign employer, two questions will need to be determined: • what are the employee’s rights? • where should any litigation that may ultimately arise be adjudicated? In determining these questions, three main issues arise: • applicable law, ie which system of law is applicable to the contract of employment under consideration? • international jurisdiction, ie whose courts and/or tribunals should decide the case? • the territorial scope of relevant applicable or mandatory law, ie how the courts and employment tribunals decide what statutory rights (if any) the employee has, both in terms of: ◦ purely domestic law rights, and ◦ rights derived from EU law For information: • on applicable law, 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

Territorial jurisdiction describes the geographic area within which a court, tribunal or public authority may lawfully exercise its powers, hear a case or enforce orders. It determines whether a legal matter is properly brought before a particular court system, and whether that court can bind the parties or property concerned. In the UK and Ireland, the concept underpins rules on allocation of business between courts (for example, the division between the courts of England and Wales, Scotland and Northern Ireland, and between those and the courts of Ireland), as well as international jurisdiction in cross‑border disputes. It is reflected in legislation and procedural rules (such as rules on service out of the jurisdiction, forum conveniens/forum non conveniens, and recognition and enforcement of foreign judgments), and developed further through case law. Territorial jurisdiction is distinct from subject-matter jurisdiction and personal jurisdiction, though they often overlap in practice. It is central to litigation strategy, choice of court, conflict of laws, criminal prosecution where conduct or effects span borders, and public law challenges to decisions of UK and Irish authorities acting outside, or at the edge of, their lawful territorial competence.

Dispute Resolution analysis: The High Court held that section 33(2) of the Senior Courts Act 1981 (SCA 1981) does not permit pre-action disclosure proceedings against a foreign respondent where the documents are located outside England and Wales. The jurisdictional gateway in CPR PD 6B, para 3.1(20) was therefore unavailable. The court also held that Mr Ebert had not shown a serious issue to be tried on the merits of his disclosure application, that England and Wales was not clearly or distinctly the appropriate forum, and that service out would in any event have been refused as an attempt to circumvent the international letter of request regime.

Proceedings commenced under the EC Regulation on Insolvency/the Recast Regulation before main proceedings are opened and where the debtor has an establishment.

Where and how does the general prohibition apply? There is a fundamental prohibition at the heart of the UK regulatory regime whereby a person cannot carry out a regulated activity in the UK, or purport to do so, unless they are either authorised or exempt. This is known as the 'general prohibition' (section 19 of the Financial Services and Markets Act 2000 (FSMA 2000)). Technically the general prohibition only applies to a person carrying out or purporting to carry out a regulated activity in the UK. However the circumstances in which a person is carrying out a regulated activity in the UK are not fully defined in the Financial Services and Markets Act 2000 (FSMA 2000) and so whether an activity is regulated will depend on the general law. This Practice Note looks at the territorial application of the general prohibition. For more information about the general prohibition, see Practice Note: The general prohibition and implications of its breach. Brexit impact on the territorial scope of the general prohibition Prior to the UK’s decision to leave

means [[list the specific countries, states or regions which form the territory] OR the [countries OR states OR regions] listed in Schedule [insert schedule number] ][subject to any variation agreed or implemented pursuant to clause [insert clause number]];

Terrorism in essence involves the use or threat of force for political, religious, ideological or racial causes.

The Terrorism (Protection of Premises) Act 2025 (T(PP)A 2025) introduces new security requirements in relation to qualifying premises and/or events in the UK so as to enhance public safety and preparedness against terrorist attacks. The Act requires public protection procedures to be put in place and public protection measures to be taken by the ‘responsible person’ in relation to those premises and/or events. The Act also modifies the disclosure requirements in relation to certain aspects of licensing applications so as to reduce the amount of publicly available information that might be useful to a person committing or preparing an act of terrorism. T(PP)A 2025 is expected to come into force over a transitional period of 24 months (see When does T(PP)A 2025 come into force? below). Qualifying premises The Act adopts a tiered approach to the requirements that must be met and the steps that must be taken in relation to qualifying premises by adopting both a ‘standard duty’ and an ‘enhanced duty’. Standard duty premises Premises are ‘standard duty premises’ if

The Home Office has reported on the introduction of the Terrorism (Protection of Premises) Bill to Parliament, proposing to increase preparedness for, and protection from, terrorist attacks at public venues. The new legislation, also known as ‘Martyn’s Law’ in tribute of Martyn Hett who was killed alongside 21 others in the 2017 Manchester Arena attack, aims to deliver on the government’s manifesto commitment to strengthen the security of public events. Under the changes, a new duty will be placed on those responsible for premises and public events, requiring them to take appropriate action to strengthen public safety, with requirements reflecting the size of the venue and the activity taking place.

The law relating to terrorism in the UK is spread across both common law and statute and includes both a wide range of criminal offences and civil powers. The Terrorism Act 2000 (TA 2000) was originally intended to be a comprehensive framework for counter-terrorism powers. Since the 9/11 attacks, however, TA 2000 regime has been amended and supplemented by a number of further statutes: • Anti-terrorism, Crime and Security Act 2001 (ACSA 2001) • Prevention of Terrorism Act 2005 (PTA 2005)—subsequently repealed by the Terrorism Prevention and Investigation Measures Act 2011, s 1 (see below) • Terrorism Act 2006 (TA 2006) • Counter-Terrorism Act 2008 (CTA 2008) • Terrorist Asset-Freezing etc Act 2010 (TAFA 2010) • Terrorism Prevention and Investigation Measures Act 2011 (TPIMA 2011) • Protection of Freedoms Act 2012 (PFA 2012) • Justice and Security Act 2013 (JSA 2013) • Counter-Terrorism and Security Act 2015 (CTSA 2015) • Counter-Terrorism and Border Security Act 2019 (CTBSA 2019) • Counter-Terrorism and Sentencing Act 2021 (CTSA 2021) The

What is terrorism? The Reinsurance (Acts of Terrorism) Act 1993 (R(AT)A 1993) defined terrorism as: 'acts of persons acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of Her Majesty’s Government in the United Kingdom or any other government de jure or de facto' (section 2(2)). HM Treasury’s letter to Pool Reinsurance Limited provides guidance on the definition of an “Act of Terrorism”. The principles emphasise that the key issue is the relationship between the act and an organisation; acts are not necessarily limited to physical acts and may include threats, fear or hoaxes in appropriate cases. Terrorism was redefined in the Terrorism Act 2000 (TA 2000) (as amended by the Terrorism Act 2006 (TA 2006) and the Counter-Terrorism Act 2008 (CTA 2008)). Terrorism means any of the following actions: • (a) involving serious violence against a person • (b) involving serious damage to property • (c) endangering a person’s life (other than that of the terrorist) • (d) creating

Law360: Tesco cannot block two orders requiring disclosure in its continuing equal pay litigation with more than 47,000 claimants, the Employment Appeal Tribunal (EAT) an has ruled, as it accused the retail chain of proposing a 'recipe for delay'.