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US federal appeals court gives extraterritorial application to Racketeer Influence and Corrupt Organization Act (RICO)
In a milestone ruling last week, a Second Circuit panel has revived a massive civil RICO action brought a dozen years ago by the EU and twenty-six of its …
Court of Appeal upholds grant of relief from sanction where no good reason for non-trivial breach
In a decision that has surprised many, the Court of Appeal has upheld a decision to grant relief from sanction for the late service of witness …
Single County Court and increase in High Court threshold take effect today
From today, the previous system of some 170 separate county courts for different geographical areas has been replaced by a single national entity with a …
Transitory Movement of Funds through New York Banks No Guarantee of Jurisdiction
In a case of interest to foreign parties that routinely use New York's banking system to facilitate dollar transactions, the New York Court of Appeals …
How the courts are applying Mitchell
In the four and a half months since the Court of Appeal's decision in Mitchell, there has been a continued flood of judgments in which the courts have …
High Court holds anonymous hearsay evidence will usually be inadmissible in professional disciplinary proceedings
In a recent decision, the High Court has held that in general it would be unfair to admit "potentially significant" anonymous hearsay evidence in …
Commercial Court bypasses Mitchell in treating service of particulars as valid despite errors of procedure
In what may be seen as a surprising decision, the Commercial Court has treated service of particulars of claim on the defendant's lawyer by e-mail …
High Court refuses to order bank to disclose its Credit Process Guide
A recently published decision of the High Court demonstrates that a court will examine closely whether a document comes within the test for standard …
Our new head of global disputes and new London head of commercial litigation
Herbert Smith Freehills has today announced the appointment of partner Justin D'Agostino as Global Head of Dispute Resolution. Justin will commence the …
High Court refuses permission for new expert where party delayed in disclosing previous expert's withdrawal
The High Court has held that, in the circumstances of this case, the claimant's failure to disclose its expert's withdrawal from the case for some six …
High Court finds witness should only be excluded from court with good reason
In a recent decision, the High Court has commented on the approach that should be adopted in exercising the court's discretion to exclude a witness from …
Court of Appeal decision means injunction to prevent breach may be more readily obtained where damages limited by contract
The Court of Appeal has held that an interim injunction should be granted to prevent the defendant's alleged breach, on the basis that damages would be …
Showing 1,560 out of 1,955 results
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