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Commercial Court considers principle that "there is no property in a witness"
The Commercial Court has held that it may be a contempt of court for a party to litigation to seek to prevent a witness or potential witness from …
Court of Appeal suggests rethink of prohibition on court-ordered compulsory mediation
The Court of Appeal has suggested that it may be time to review the rule in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 prohibiting a …
Jackson reforms now in force
The long-awaited Jackson reforms have come into force today, 1 April 2013. The reforms will bring about major changes to civil litigation in England and …
Court of Appeal finds contract which left matters to be agreed not unenforceable for uncertainty
The Court of Appeal has recently held that a contract for the sale of goods which left matters, including certain charges and a shipping schedule, to be …
Our new Guide to Dispute Resolution in Africa
On 19 March, at a cross-practice seminar in London attended by over 150 delegates from a range of industries and sectors, Herbert Smith Freehills …
UK Supreme Court: court can change decision without "exceptional circumstances"
In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that …
Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in …
Service formalities must be complied with in accepting Part 36 offer
A recent decision demonstrates that a Part 36 offer to settle will not be validly accepted unless written notice has been served on the offeror in …
UK Supreme Court confirms FSA not required to give cross-undertaking in damages
In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction …
The burden of proof and competing theories on causation
The Court of Appeal recently handed down judgment in the case of Nulty v Milton Keynes Borough Council [2013] EWCA Civ 15. The case concerned an appeal …
Three new Supreme Court Justices appointed
The Supreme Court has today announced the appointment of three new justices, or one quarter of the 12-member Court: Lord Justice Hughes, Lord …
High Court implies duty of good faith into distributorship agreement
In a recent decision, the High Court has implied a duty of good faith into a Distribution Agreement: Yam Seng Pte Ltd v International Trade Corp Ltd …
Showing 1,680 out of 1,955 results
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