Litigation Notes

Another decision showing what parties can - and cannot - do when they receive a draft judgment under embargo

Article published - Compulsory ADR: a commercial litigation perspective

The English courts have for many years recognised the benefits of ADR and encouraged parties to engage in it. That endorsement has become all the more …

High Court hands down judgment despite the proceedings having settled before circulation of the draft judgment

Herbert Smith Freehills to participate in London International Disputes Week 2022 (LIDW22)

With its theme "Dispute Resolution - Global, Sustainable, Ethical?" LIDW22 will take a critical look at the future of dispute resolution and its place in …

High Court finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassets

The High Court has held that cryptoasset systems and software developers did not owe a duty to cryptoasset owners to permit or enable access to the …

Herbert Smith Freehills launches the 3rd Edition of its Guide to Dispute Resolution in Africa

Court of Appeal rules foreign receiver cannot deal with English property due to the "immoveables rule"

The Court of Appeal has confirmed that the High Court was right to restrict the assistance an English court could give to a Russian trustee in bankruptcy …

Privilege not lost despite opponent obtaining copies of documents in foreign proceedings

The High Court has held that a defendant was entitled to maintain privilege over certain documents even though the claimants had obtained copies of the …

Party entitled to rely on force majeure clause where counterparty's parent company became subject to US sanctions

London Launch Event - Guide to Dispute Resolution in Africa, 3rd Edition 

High Court orders witness statements to be redrafted due to serious non-compliance with PD 57AC

Supreme Court finds in favour of right to privacy for those subject to criminal investigation

The Supreme Court has confirmed that an individual who is the subject of a criminal investigation will, in general, have a reasonable expectation of …