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England and Wales decisions
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The EAT dismissed an appeal against case management decisions, holding that the tribunal was entitled to remove a July 2018 meeting issue and exclude parts of a reply statement.
The employment tribunal has jurisdiction over the Swedish respondents because the Equality Act 2010 claims fall within territorial and cause-of-action jurisdiction, service was effected in accordance with tribunal rules, and section 15C of the Civil Jurisdiction and Judgments Act 1982 preserves claimants' rights post-Brexit, including claims against individual respondents. There is no requirement for additional international jurisdiction beyond territorial jurisdiction unless displaced by primary legislation, which in this case is satisfied.
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Trustees have standing to apply for annulment under section 282 of the Insolvency Act 1986. The bankruptcy order was made on the basis of domicile, not COMI. The application to annul based solely on absence of COMI fails, but notice of challenge to domicile was given by skeleton argument. Procedural fairness requires Mr Jones be allowed to file further evidence on domicile before determination. Annulment cannot be granted at this stage; directions for further evidence are required.
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Remedies for harassment and libel are awarded to C1, C2, and C3 only, as their claims meet legal thresholds and territorial scope. C4's claims are excluded for lack of jurisdiction and legal impossibility. Damages are assessed separately for harassment, libel, personal injury, and special damages, with aggravated damages included in global awards. Injunction and s.12 order for summary publication are granted to protect claimants' interests and vindicate reputations. Costs awarded on indemnity basis due to D1's aggravating conduct.
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The Supreme Court held that El-Khouri’s alleged conduct occurred outside the United States, so section 137(4) applied and extradition failed for lack of double criminality.
The Tribunal was entitled to find, on the agreed facts and applying a multi-factor approach, that the claimant's duties under her contract began and ended at her home in Aberdeen, making her 'base' Great Britain for the purposes of territorial jurisdiction under the Employment Rights Act 1996 and Equality Act 2010, notwithstanding that her tours of duty on the vessel began and ended outside Great Britain.
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The Employment Judge materially erred in law by conflating international and territorial jurisdiction and by failing to properly consider whether international jurisdiction could be established under section 15C(2)(c) CJJA based on the role of SDHR in Aberdeen. The judgment was set aside and the case remitted for further factual inquiry and reconsideration of international jurisdiction, and if necessary, territorial jurisdiction over the EqA claim.
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The respondent did not subject the claimant to direct discrimination regarding the number of examination opportunities, as the treatment arose from arrangements of other bodies, not the respondent. The employment tribunal erred in its identification of treatment, comparator, and application of the James principle. The indirect discrimination finding was unsafe due to errors in comparator pool and factual premise. The aiding claim under s.112 and the indirect discrimination claim are to be remitted for redetermination. The cross-appeal on the Fellowship requirement fails.
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The EAT allowed the British Council’s appeal, holding that a hypothetical plea of immunity in the UAE did not create UK tribunal jurisdiction over UAE-based employment claims.
Stari, R. v [2023] EWCA Crim 1409 (07 November 2023)
The Court of Appeal held that the Crown Court had jurisdiction over a controlling or coercive behaviour conviction despite some conduct and effects occurring in Serbia.
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