Edward Kemp
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.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2005
Membership
- ELA
- ELBA
- ILS
Qualifications
- LLB English Law and French Law (2003)
- Maîtrise en Droit Français et Anglais (2003)
- LLM (2004)
Education
- King’s College London (1999-2001)
- Université de Paris 1 (2001-2003)
- University College London (2003-2004)
3 Contributions by Edward Kemp
PRACTICE NOTES
Allocating jurisdiction in cross-border employment disputes instituted before 1 January 2021: Brussels I (recast), Lugano and Brexit transition, with continuing relevance to the UK CJJA 1982
ARCHIVED:
This archived Practice Note examines international jurisdiction for employment disputes brought before 1 January 2021—that is, which court or tribunal should hear an employment claim where the worker is based overseas or the employer is foreign. Please note that, for proceedings commenced on or after 1 January 2021, jurisdiction is governed by the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). For further detail, see Practice Note: International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases. The Note explores the effect of Brexit and IP completion day and reviews the pertinent provisions of the Brussels I (recast) regime that applied to proceedings issued before 1 January 2021. That framework remains relevant when interpreting CJJA 1982...
Brexit impact
From exit day (31 January 2020) the UK ceased to be an EU Member State; however, under the transitional terms in the October Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this window, for many purposes the EU continued to treat the UK as a Member State. While...
Employment
PRACTICE NOTES
Cross-border employment litigation in the High Court of England and Wales: anti-suit injunctions, service out and security for costs post-Brexit
This Practice Note looks at principal procedural questions that can emerge before the High Court when dealing with cross-border employment litigation as they arise in practice...
Brexit impact
From exit day, 31 January 2020, the UK stopped being an EU Member State. However, under the transitional arrangements provided for by the Withdrawal Agreement, an implementation period (IP) ran until 31 December 2020, referred to as ‘IP completion day’. During that time, for many purposes the EU continued to treat the UK as if it were a Member State, notwithstanding its changed status...
Although the UK no longer took part in the EU’s political institutions and governance structures, it remained bound to adhere to its obligations under EU law—including treaties, legislation, principles and international agreements—and was required to submit to the continuing jurisdiction of the Court of Justice of the European Union (CJEU or ECJ). For guidance on whether CJEU judgments bind UK courts, see the section entitled ‘Assimilated case law’ in Practice Note: Assimilated law...
The repeal of the European Communities Act 1972 (ECA 1972) on exit day was made subject to targeted savings so that the implementation period could operate effectively in UK domestic law, ensuring the IP functioned as intended...
Employment
PRACTICE NOTES
Posting workers between the UK and EU from 1 January 2021: employment rights, immigration and enforcement, with historical overview of the Posted Workers Directive
ARCHIVED
This archived Practice Note reviews the Posted Workers Directive, 96/71/EC (PWD), set against cross-border, international and jurisdictional considerations and related matters. The PWD no longer applies to individuals posted to the EU from the UK, or posted from the EU to the UK, on or after 1 January 2021. Accordingly, postings between the UK and EU fall outside the PWD from that date.
The Practice Note:
sets out the effect of Brexit on this subject (see: Brexit impact, below)
highlights the matters to assess when posting a worker on or after that date (see: Posting workers from 1 January 2021, below)
The remainder of the Practice Note addresses the position before 1 January 2021 and is retained for reference purposes.
Brexit impact
From exit day (31 January 2020) the UK stopped being an EU Member State but, under the transitional provisions in the Withdrawal Agreement, the UK entered an implementation period (IP) running until 11pm on 31 December 2020, termed ‘IP completion day’. During that window, the EU continued to treat the UK as a Member State for many purposes...
Employment
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