Litigation Notes

Launch of our new Public Law blog

Herbert Smith Freehills has launched a new Public Law blog, which you can find at https://hsfnotes.com/publiclaw or via the “More blogs” link above. The …

High Court refuses Tesco’s strike out application in s.90A FSMA group shareholder action

In an important decision for securities litigation in the UK, the High Court has dismissed a strike out application made by Tesco plc in the group …

Court of Appeal holds advice on dismissal for redundancy not a “cloak” for dismissal on basis of discrimination

The Court of Appeal has held that an email containing advice from an in-house lawyer on redundancy was not, as the EAT had found, a cloak for dismissal …

Germany: breach of jurisdiction clause may give rise to damages claim

Non-compliance with a contract's jurisdiction clause may expose a claimant to a claim for damages in Germany. This has been decided by Germany's highest …

Obtaining evidence from US-connected entities - US court widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to …

High Court finds no binding contract for commission for introduction of valuable Formula One sponsorship deal but awards quantum meruit

The High Court has rejected a company's claim for commission for the introduction of a sports sponsorship opportunity on the basis that there was no …

Damages-based agreements (DBAs): promising proposals for reform

Insurance issues in class actions - new webinar and "handy client guide"

Herbert Smith Freehills has today released the fourth in our series of webinars on class actions in England and Wales, looking at insurance issues in …

Re-assessing directors' liability for unlawful dividends: Practical implications for companies and officeholders

Revisiting over 150 years of case law, the High Court has resolved a question on which both the courts and textbooks had given conflicting answers: is a …

Court of Appeal confirms "once privileged, always privileged" unless privilege is waived - even if there is no longer anyone who can assert the privilege

The Court of Appeal has confirmed that the documents of a dissolved company remain privileged, regardless of whether there is anyone who can assert the …

Court of Appeal finds claim for damages for loss of control of data can proceed as representative action under CPR 19.6

The Court of Appeal has held that an action for alleged data breaches using the CPR 19.6 representative action procedure can go ahead, overturning the …

Pre-contractual statements: When can they come back to bite you?

Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual …