Litigation Notes

Drafting contracts - key lessons from 2021: briefing and webinar

Our corporate team's recently published annual contract law update briefing considers a number of interesting contract law cases from 2021 which …

Third edition of Class Actions in Australia launched today

Herbert Smith Freehills is today launching the third edition of its successful textbook, Class Actions in Australia. Written by lawyers from the …

New edition of Commercial Court Guide includes important updates

UK government consults on whether to sign the Singapore Convention on mediated settlements

The UK government has launched a consultation seeking views on whether the UK should sign the Singapore Convention, which came into force in September …

A counterclaiming defendant can make a valid "claimant's" Part 36 offer

In a recent decision, the High Court has confirmed that a party can obtain the costs benefits of making a "claimant's" Part 36 offer in relation to its …

Civil Justice Council consultation on changes to pre-action protocols - problematic aspects for commercial litigation

In November 2021, the Civil Justice Council (CJC) published an Interim Report considering what role pre-action protocols (PAPs) should play in the civil …

High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights

Webinar: Transnational torts and parent company liability

The English court has seen numerous mass tort claims brought by large groups of claimants against UK companies, often in the energy or extractive …

High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights

Iniquity exception to privilege does not apply just because defendant to fraud claim lies to their solicitors and the court

A recent High Court decision acts as a reminder that parties will not necessarily be prevented from maintaining privilege in all cases where it is found …

Another decision regarding a failure to comply with the new requirements for trial witness statements under PD 57AC

A recent High Court decision has taken a similar approach to previous cases in refusing to strike out a witness statement for failure to comply with …

Court of Appeal decision highlights dangers of filing claim form electronically on final day for service