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In brief

In a sexual harassment claim against Harvey Weinstein and other respondents, the Court of Appeal has held that an employment judge was entitled to order all parties (including one living in California who had not at any material time been in Great Britain) to provide disclosure of relevant documents and that the relevant tribunal rule of procedure had no geographical limitation.

There will be many cases in which a party will not be in Great Britain any more, whether because they have moved or because the employee lived or worked overseas but was entitled to bring a claim in Great Britain.  The case confirms that the tribunal can make case management orders, including those for disclosure, against the parties to a case notwithstanding their location.

For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.


Rachel Farr is a Knowledge Lawyer in Baker McKenzie's London office.


Mandy Li is a Knowledge Lawyer in Baker McKenzie London office.


James Brown is a Knowledge Lawyer in Baker McKenzie's London office.