Employment and Commercial Disputes: The International Aspects

Paul Nicholls KC is a barrister at 4 New Square. He has a diverse practice which includes in particular cases at the commercial end of employment law but also broader commercial work and regulatory and public law cases. A major part of his practice is in High Court employment and related commercial work. This involves urgent applications for injunctions and related relief, including search and freezing orders, applications to enforce post-termination restraints, to prevent team moves and for springboard relief and orders for the interrogation of computers in order to identify and delete confidential information. This work also involves substantial trial litigation such as team move claims, wrongful dismissal, bonus claims and restrictive covenant and garden leave trials. He also undertakes purely commercial cases involving a range of contractual disputes and commercial arbitrations. His work frequently has an international element and he has to advise and formulate arguments based on jurisdiction and applicable law, often seeking to avoid courts and tribunals claiming jurisdiction over litigants or persuading the English court to take jurisdiction, as in one case where he secured an injunction in England to restrain action in connection with a team move in the UAE.

Chapter 1 Introduction
Part I Conflict of law rules
Chapter 2 The UK’s departure from the EU
Chapter 3 Jurisdiction
Chapter 4 Challenges to jurisdiction
Chapter 5 Lis alibi pendens
Chapter 6 Choice of law
Chapter 7 Choice of law in contract
Chapter 8 Choice of law in respect of non-contractual obligations
Chapter 9 Anti-suit injunctions
Chapter 10 Practice and procedure
Chapter 11 Interim remedies
Chapter 12 Proof of foreign law
Chapter 13 Foreign judgments
Chapter 14 Jurisdiction in the employment tribunal
Part II How applicable rules apply to employment and commercial cases
Chapter 15 Team moves
Chapter 16 Breach of confidence
Chapter 17 Applications for anti-suit injunctions
Chapter 18 Breach of contract claims between employers and employees involving different jurisdictions
Chapter 19 Employment tribunal claims involving foreign employers and related parties
Chapter 20 Breach of fiduciary duty
Chapter 21 Fraud
Chapter 22 International sales contracts
Chapter 23 Contracts for services
Chapter 24 Economic torts