Litigation Notes

What the Crypto Winter means for insolvency

There has been no shortage of high-profile insolvencies in the crypto market in recent months across a range of market participants and geographies. …

Anti-suit injunction granted restraining proceedings in an EU member state

The Commercial Court has granted an anti-suit injunction restraining Belgian proceedings brought in breach of an exclusive English jurisdiction clause: …

Commercial litigation podcast series – Episode 16: General update

Managing risk: A disputes perspective (2022)

Our annual disputes client conference, held on Tuesday 22 November, was chaired by partner and global head of our insurance disputes practice Paul Lewis. …

Contractual duties of good faith: Court of Appeal confirms context is king

Court of Appeal confirms reflective loss rule will bar claims of former shareholders of a dissolved company because the principle must be determined at time of alleged loss

The Court of Appeal has upheld a decision of the High Court to strike out a claim by the former shareholders of a dissolved company against an investor …

High Court declines to impose disclosure conditions on party wishing to replace expert as no "expert shopping" had taken place

Supreme Court finds Civil Liability (Contribution) Act 1978 applies only where contribution claim governed by English law

The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic …

Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege

44th FA Mann lecture, 30 November 2022: Professor Campbell McLachlan KC - "Foreign relations law revisited"

44th FA MANN LECTURE PROFESSOR CAMPBELL MCLACHLAN KC – “FOREIGN RELATIONS LAW REVISITED” 30 November 2022 The Old Hall, Lincoln’s Inn, London The …

Herbert Smith Freehills launches new edition of Class Actions in England and Wales

A second edition of our text on class actions in England and Wales, co-authored by Herbert Smith Freehills lawyers, has been published in the UK by Sweet …

Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to "overcome" force majeure event