Litigation Notes

High Court decision suggests damages may be calculated differently where claimant is hopelessly insolvent

In a recent decision, the High Court declined to strike out a claim against a bank for alleged breach of a Quincecare duty on the ground that the …

High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege

Judgment handed down in FCA's COVID-19 business interruption insurance test case

The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and …

Singapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020

Tomorrow marks an important day for international dispute resolution as the Singapore Mediation Convention comes into force, just over a year after its …

Two interesting decisions on freezing injunctions

Recent posts on our Civil Fraud and Asset Tracing Notes blog highlight two interesting decisions on freezing injunctions. In the first, the Court of …

Herbert Smith Freehills launches first Guide to Dispute Resolution and Governing Law in Russia

Our first Guide to Dispute Resolution and Governing Law in Russia provides a concise and accessible overview of some of the practical issues involving …

Article published - Class action test cases: selection and strategy

In the High Court's recent decision in Lancaster and others v Peacock QC [2020] EWHC 1231 (Ch), the court has taken the rare step of commenting on how …

Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform

Court of Appeal considers application of "SAAMCO" principle in context of auditor's negligence case

The Court of Appeal has held that, where an auditor negligently failed to detect management's dishonest concealment of the claimant's insolvency, it was …

High Court rules claims notice invalid for failure to specify with sufficient detail the matter giving rise to the claim

The High Court has found that a buyer’s notice of claim failed to comply with the requirements set out in the tax covenant to an SPA in a USD 1 billion …

European Commission's Notice to Stakeholders confirms its view Hague Choice of Court Convention will apply to exclusive English jurisdiction clauses only if they are entered into after Brexit transition period ends

High Court finds proceedings properly served on process agent appointed by lender under credit agreement

In a recent decision, the High Court confirmed that proceedings had been properly served on a borrower where it had failed to comply with its contractual …