Litigation Notes

Article published - Legal advice privilege: a dominant purpose test, but to what end?

The Court of Appeal's recent decision in The Civil Aviation Authority v The Queen on the application of Jet2.com Ltd [2020] EWCA Civ 35 found that legal …

Drafting contracts: Key lessons from 2019

This annual contract law update from our corporate team considers a number of interesting contract law cases from 2019 which highlighted key points …

Cross-Border Litigation: Latest update published

We are pleased to release the latest issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical issues …

HSF overview of collective damages claims in competition cases in the UK published in GCR Guide to Private Litigation

Our competition litigation team's overview of collective damages claims in competition cases in the UK has recently been published as part of Global …

A litigator's yearbook: 2019 (England and Wales)

How far can you act in your own self-interest? The role of good faith in commercial contracts

Article published - Redrafted DBA Regulations: a promising basis for reform

As explained in this previous post, a proposed redrafted version of the regulations governing Damages-Based Agreements (DBAs) has recently been …

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 …

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 …

Article published - The new Singapore Convention: some practical issues to consider now

As has been well publicised, the new Singapore Convention seeks to establish a global enforcement regime for settlement agreements resulting …

Article published - GDPR in the context of litigation

Among the extensive discussion of the General Data Protection Regulation (GDPR) over the past two years, one area where there has been a marked lack of …

Launch of Asia Pacific Guide to Privilege 2019, including England and Wales chapter

Our Asia Pacific Guide to Privilege has recently been launched, including a new chapter on England and Wales and a question added to each of the other …