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Upcoming webinar - Dispute resolution choices for finance parties: A practical look at recent developments affecting dispute resolution options
On Thursday 14 July (12.45 – 1.45pm BST), Adam Johnson, Nick Peacock and Vanessa Naish (chair) will deliver a webinar for Herbert Smith …
Herbert Smith Freehills launches latest Guide to “Dispute Resolution in Asia Pacific”
Please click here to preview our updated Guide to Dispute Resolution in Asia Pacific. To request a copy, please …
Commercial Court decision suggests "torpedo" actions may not be effective where parties have agreed unilateral jurisdiction clause
The recast Brussels Regulation, which applies to proceedings commenced since 10 January 2015, contains various improvements over the previous version. …
Article published - Enforcing judgments in the EU post Brexit
The UK's anticipated exit from the EU will have implications for many areas, including the enforcement of English court judgments across the EU. The ease …
Court of Appeal considers appropriate costs order where claimant succeeded against some defendants but failed against others
In a recent decision, the Court of Appeal ordered the losing defendants to contribute to the costs the claimant was required to pay to the successful …
First competition law class action issued in the CAT
On 21 June 2016 the Competition Appeal Tribunal (CAT) published details of the first application to bring a class action under the UK's controversial new …
Courts taking tough line on disproportionate costs
A recent decision of the Senior Courts Costs Office shows that the post-Jackson test of proportionality can mean a significant reduction in the …
Article published: Material adverse change clauses - staging a return
Material adverse change (MAC) clauses aim to give buyers a right to withdraw from M&A deals on the occurrence of certain events that are …
High Court allows group claim to proceed against UK-domiciled parent company in relation to acts of subsidiary company abroad
The High Court has rejected jurisdiction challenges by a UK-domiciled company and its Zambian-domiciled subsidiary, allowing a group claim brought by …
Court of Appeal finds bank did not owe duty of care to undisclosed principal in relation to banker's reference
A recent Court of Appeal decision clarifies the circumstances in which a bank will owe a duty of care in giving a reference for a customer: Playboy Club …
Defining your liability in advance: Liquidated damages, limitation and exclusion clauses
Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed …
The price of changing experts: disclosure of privileged report
In a recent decision, the Technology and Construction Court granted defendants permission to adduce expert opinion evidence from a second expert, after …
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