Employment Cases Update

Merinson v Yukos International UK BV and others [2019] EWCA Civ 830

Date published: 24/05/2019

Appeal against the decision in the High Court that the English courts had jurisdiction under “Brussels Recast” to try the claims brought against the Appellant by the Respondent. Appeal dismissed.

The Appellant, who was predominantly based in the Netherlands, was employed by the Respondent and, following disputes between the parties, proceedings were brought and settled in the Dutch courts. In the light of further developments, the Respondent issued a claim form in the UK to recover damages for losses which they claimed to have suffered as a result of breach of the Appellant's duties under his employment contract; at that time, the Appellant was domiciled in the UK. The issues before the High Court included whether the damages claim was a matter "relating to [an] individual contract of employment" within Art 20.1 of Regulation (EU) 1215/2012 ("Brussels Recast") and, if so, whether the settlement reached in the Dutch courts was "an agreement … entered into after the dispute has arisen" within Art 23(1) of Brussels Recast. The High Court answered "yes" to the first issue and "no" to the second, with the effect that the English courts did have jurisdiction to try the claims. The Appellant appealed.

The Court of Appeal upheld the decision in the High Court and dismissed the appeal.

Employment Claims without a Lawyer 2nd edition published March 2018

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