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Key definition
Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

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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

Practice notes
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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...

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Edward Kemp
Edward Kemp chambers

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),...

Web page updated on 21/05/2026

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