Litigation Notes

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 …

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 …