Litigation Notes

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 …

The Law of Solicitors' Liabilities, Fourth Edition published

The Law of Solicitors' Liabilities, Fourth Edition, previously known as Solicitors' Negligence and Liability, has recently been released. The …

High Court finds claims arising out of oil spill cannot proceed as representative action under CPR 19.6

In a recent decision, the High Court has struck out the representative element of a claim purportedly brought on behalf of large numbers of Nigerian …

Supreme Court clarifies proper approach to assessing weight of evidence where court finds serious possibility (but not probability) it was obtained by torture