Litigation Notes

Article published - Damages-based agreements and termination: a small chink of light

Damages-based agreements (or DBAs), under which a lawyer can receive an agreed percentage of any damages in the event of success, were introduced to …

Article published – Wasted breath? Insolvency reforms in response to Covid-19

The Corporate Insolvency and Governance Act 2020 introduces sweeping insolvency reforms in response to the business impacts of Covid-19, designed "to …

Article published - Directors' duties in a COVID-19 world

With a global pandemic causing unprecedented uncertainty for businesses, it has never been more difficult for the directors of UK companies fully to …

Article published - Funders’ liability for adverse costs: scrapping the cap

As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called …

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 …