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Territorial Jurisdiction

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Is there only one right answer to a question of territorial jurisdiction?

Yes, held the Court of Appeal by a majority in The British Council v Jeffrey.

In two appeals heard together, the Court of Appeal considered when the EAT could reverse ET decisions about territorial jurisdiction. Both employers argued (amongst other things) that it was a question of fact for the ET, and so the EAT could only interfere if the decision was perverse. Both employees argued that it was a question of law giving only one 'correct' answer.

By a majority, the Court of Appeal held that it was a matter of law; the EAT only had to think the ET was wrong, not that it was perverse. All judges made clear however that, in the usual way, the ET's fact finding should be treated with a high degree of respect when considering whether it was "wrong".

Thanks to Matthew Jackson of 10 KBW for preparing this case summary.