Matrix Chambers
8 Experts
15 Contributions by Matrix Chambers Experts
PRACTICE NOTES
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
Employment
PRACTICE NOTES
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
Employment
PRACTICE NOTES
This Practice Note sets out a summary of the Financial Conduct Authority’s (FCA) criminal powers to bring fraud prosecutions under the Fraud Act 2006 (FrA 2006), the Theft Act 1968 (TA 1968), common law conspiracy to defraud and, from 1 September 2025, the corporate offence of failure to prevent fraud. It also outlines key fraud offences and records FCA fraud prosecutions. In addition, this Practice Note reviews the FCA’s ability to bar persons convicted of fraud from participating in financial services by deploying formal enforcement powers under the Financial Services and Markets Act (FSMA 2000). It further signposts practical, in‑depth guidance...
Overview
A core function of the Financial Conduct Authority (FCA) is acting as a private prosecutor, notably for fraud offences, including the general fraud offence in FrA 2006, s 1. Fraud counts are frequently advanced alongside other charges; for example, in
Financial Services
PRACTICE NOTES
What is judicial review?
Judicial review is the means by which the courts exercise a supervisory jurisdiction over the performance of public functions by public bodies. This supervisory jurisdiction should not be mistaken for, or treated as, a right of appeal.
CPR 54.1 states that a 'claim for judicial review' means a claim to assess the lawfulness of:
an enactment
a decision, action, or failure to act in relation to the exercise of a public function.
Proceedings usually take place in the Administrative Court, which forms part of the King's Bench Division of the High Court. Judicial review proceedings are governed by a number of Civil Procedure Rules, Practice Directions and a pre-action protocol. Further detailed and practical guidance is provided in the Administrative Court Judicial Review Guide. The guide is intended to assist parties pursuing judicial review claims in the
Public Law
PRACTICE NOTES
This Practice Note
It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance...
Public Law
PRACTICE NOTES
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
Employment
PRECEDENTS
[ DETAILS OF DEPONENT ETC. ]
IN THE [ COURT ]
Claim no. : [ insert claim number ]
BETWEEN: [ Insert claimant’s name ] Claimant
AND [ Insert defendant’s name ] Defendant
AFFIDAVIT OF [ NAME ]
I, [ FULL NAME ], of [ ADDRESS ], swear as follows:
I provide this affidavit in reply to the [ Claimant’s OR Defendant’s ] application for the inspection of documents dated [ insert date ].
[ I am [ a solicitor registered to practise in England and Wales ] at [ law firm ], and I represent the [ Claimant OR Defendant ] in these proceedings. ] [ I am the [ Claimant OR Defendant ]. ]
...
Dispute Resolution
PRECEDENTS
BEFORE THE [ COURT ]
Claim number: [ insert claim number ]
Between [ Insert claimant’s name ] (Claimant) and [ Insert defendant’s name ] (Defendant)
DRAFT ORDER
Upon hearing from [ Counsel for the Claimant ] and from [ Counsel for the Defendant ], the Court orders as follows:
By no later than [ insert time and date ], the [ Claimant OR Defendant ] must either supply the [ Claimant’s OR Defendant’s ] solicitors with copies of, or enable the [ Claimant OR Defendant ] to inspect, the following documents or categories of documents: [ IDENTIFY THE DOCUMENTS WITH AS MUCH PRECISION AS POSSIBLE ]
The [ Claimant OR Defendant ] shall pay the [ Claimant’s OR Defendant’s ] costs of, and arising from, this application.
Dated:...
Dispute Resolution
PRECEDENTS
Dear [ insert organisation name ]
We respond to your letter of [ insert date ] regarding the documents you supplied on [ insert date ], which you now assert are privileged. We confirm we have neither reviewed the documents, made any copies, nor forwarded them to our client.
[ In the circumstances, we are willing to return our copies of the documents to you and enclose them with this correspondence. Nonetheless, we do not necessarily accept that the documents attract privilege and our client reserves his/her/its position in that regard.
OR
However, having regard to the contents of your letter, we do not accept that the documents are privileged, for the reasons set out below:
[ set out reasons, remembering that you have not read these documents ]
Accordingly, as matters presently stand, we do not agree that you are entitled to the return of the
Dispute Resolution
PRECEDENTS
This template memorandum should be read and, if suitable, sent together with the relevant template letter to your client regarding disclosure:
Draft letter to client about disclosure—small claims track
Draft letter to client about disclosure
Confidential and privileged
[ insert date ]
[ insert addressees: [ insert addressees: senior managers/relevant employees and former employees/IT managers ] ]
[ [ insert case heading ] OR [ description of the case if pre-action ] ]
[ [ We ] OR [ the company ] ] may encounter a legal dispute in relation to [ insert matter/transaction subject of dispute ]. If the dispute is not brought to a conclusion, it is probable that we will be required to disclose relevant documents, including electronic records, that are or have been within [ [ our ] OR [ the company’s ] ] control, whether or not they support our case. That said, some
Dispute Resolution
PRECEDENTS
Dear [ insert organisation name ]
We write regarding your [ disclosure list ], in which you clearly state that you are entitled to refuse inspection of a number of pertinent documents on the basis of legal professional privilege.
In light of the limited information you have provided, our client is not wholly persuaded that these documents are covered by legal professional privilege.
Accordingly, please confirm that you will allow inspection of these documents [ in accordance with the Court’s directions OR in accordance with the CPR OR within [ number of ] days OR . Alternatively, insofar as your client continues to maintain privilege, please provide the following information within [ number of ] days:
1 Please confirm that each document over which your client asserts privilege has been properly and individually assessed for that purpose. Please identify the person or persons who
Dispute Resolution
PRECEDENTS
Dear [ insert organisation name ],
We reply further to your letter dated [ DATE ]. [ Our client is willing to permit your client to review [ identify documents ]. For clarity, this does not amount to any waiver of privilege in relation to any other material. Access will be given [ pursuant to the [ Court’s directions OR CPR ] OR by [ sending you copies ] within [ number of ] days ] . ] [ Our client maintains legal professional privilege over [ identify documents ]. Your client is therefore not entitled to see them at this stage...
Dispute Resolution
PRECEDENTS
Dear [ insert organisation name ]
We are writing to notify you that [ we OR our client ] mistakenly provided you with privileged material by means of [ our letter and attachments dated [ insert date ] ] and to seek the prompt return of that material.
The documents concerned are [ identify the documents with precision ].
In relation to [ identify document(s) or classes of document(s) ], they are protected by legal advice privilege. Each is a communication between a lawyer and the client made for the purpose of requesting or delivering legal advice and was, and remains, confidential, or is a record of such a communication that was, and remains, confidential. [ The ‘client’ for these purposes is [ identify ‘client’ group within a corporate body ]. ]
[ In relation to [ identify document(s) or classes of document(s) ], these are
Dispute Resolution
PRECEDENTS
Lodged on behalf of the [ insert party eg Claimant or Defendant ]
Witness statement number: [ insert eg first ]
Date: [ insert date ]
[ Translation date: [ insert date ] ]
Exhibits: [ insert number ] to [ insert number ]
Claim No.: [ insert claim number ]
IN THE [ COURT ]
BETWEEN
[ Insert claimant’s name ] Claimant
AND
[ Insert defendant’s name ] Defendant
WITNESS STATEMENT OF [ NAME ]
I, [ FULL NAME ] of [ ADDRESS ], state as follows:
I provide this witness statement to support the [ claimant’s OR defendant’s ] request to inspect documents pursuant to CPR 31.3 and CPR 31.19(5)...
Dispute Resolution
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