Litigation Notes

What does your contract mean? How the courts interpret contracts

All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in …

Article published - Anomalies in the English law of privilege: a triumph of form over substance

Legal professional privilege is recognised as a fundamental human right, which serves an important public interest in allowing parties to take legal …

Launch of our new Banking Litigation blog

Herbert Smith Freehills has launched a new Banking Litigation blog, which you can find at https://hsfnotes.com/bankinglitigation or via the “More …

Launch of our new Civil Fraud and Asset Tracing blog

Herbert Smith Freehills has launched a new Civil Fraud and Asset Tracing blog, which you can find at https://hsfnotes.com/cf or via the “More blogs” link …

When do you have a binding contract? It may be more (or less) often than you think

Open Justice:  Rule changes to increase transparency in the civil courts

From 6 April 2019, a number of changes to the Civil Procedure Rules will come into effect with the intention of reinforcing the principle of open justice …

A litigator's yearbook: 2018 (England and Wales)

As the end of another year approaches, we look back at some key developments from 2018 from the perspective of the commercial litigator. This post covers …

Witness evidence working group: survey on current rules and some radical alternatives

A working group was set up earlier this year, led by Mr Justice Popplewell, to review the current rules and practice and make recommendations for …

Handy client guide to class actions in England and Wales

Herbert Smith Freehills has launched a series of short guides to class actions in England and Wales. The first two editions, (i) Overview of class …

Article published - ENRC privilege decision: welcome news but difficulties remain

The Court of Appeal's recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ …

Article published - Pilot of new disclosure rules: a change for the better?

Julian Copeman and Maura McIntosh have published an article in PLC Magazine looking at the new disclosure rules that are due to be piloted in …

Article published - Class actions in England and Wales: key practical challenges

Damian Grave, Gregg Rowan and Maura McIntosh have published an article in PLC Magazine looking at how claims by large groups of claimants are litigated …