Litigation Notes

Our annual disputes client conference - Managing risk: A disputes perspective

Lord Chief Justice's Report 2020: courts in strong position despite pandemic

Force majeure considerations in the “second wave” of Covid-19

When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were …

Update on FCA’s COVID-19 business interruption insurance test case

A “consequentials hearing” in the FCA’s COVID-19 test case (The Financial Conduct Authority v Arch and others [2020] EWHC 2448 (Comm)) took place on …

When events intervene: Force majeure, frustration and material adverse change

Judgment handed down in FCA's COVID-19 business interruption insurance test case

The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and …

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 …

Catalyst // Pressure Points: Disputes risks - new guide on dispute risks arising out of the Covid-19 pandemic

Herbert Smith Freehills has published a new guide exploring a number of areas in which we anticipate that disputes may arise around the globe as a result …

Default judgment set aside where claim served at closed offices during Covid-19 lockdown

The High Court has set aside default judgment obtained against a defendant Council where the claim form and particulars were posted to its offices …

Our new publication: Covid-19 Contract Disputes Guide

Proposed insolvency reforms: Impact on supply chains and their customers

As previously noted, the new Corporate Insolvency and Governance Bill, currently expected to be enacted in mid-June 2020, is likely …

The impact of Covid-19 on civil justice in England and Wales