All blog posts
Showing 1,344 out of 1,863 results
Commercial Court finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens
The Commercial Court has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the …
Hong Kong Court of Appeal rejects narrow interpretation of “client” and adopts broader test for legal advice privilege
In a decision handed down yesterday, the Hong Kong Court of Appeal (HKCA) has rejected the narrow view adopted by the first instance court as to who …
Article published on practical lessons for cross-border insolvency
Upon the insolvency of a foreign counterparty, recent judgments of the Supreme Court and Privy Council require an English party to navigate a complex …
Article published on derivative claims and unfair prejudice petitions
Following the financial crisis of 2007 there has been a growing trend of shareholder activism in the UK, which looks set to increase in the foreseeable …
Supreme Court re-emphasises importance of “natural meaning” in interpreting contracts
In interpreting a service charge provision in a number of long leases, the Supreme Court has concluded that arguments based on commercial common sense …
When do you have a binding contract? It may be more (or less) often than you think
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the …
Important High Court decision on waiver of privilege and without prejudice protection
In a decision earlier this week, the High Court held that a defendant bank had waived both legal professional privilege and without prejudice protection …
Party could not enforce contractual right to recover overpayments where established convention to charge on non-contractual basis
The High Court held that a social landlord was estopped from deducting overpayments it had made to a contractor, according to the contractual pricing and …
Part 36 costs sanctions delayed until defendant had information needed to assess quantum
In a recent case where the claimant beat its Part 36 offer to settle, the High Court held that it would be unjust to apply the Part 36 costs …
Irish court endorses use of predictive coding for disclosure
A recent decision of the High Court in the Republic of Ireland has endorsed the use of predictive coding for a disclosure exercise, rejecting the …
Importance of frank disclosure of factors that could affect expert's independence
A recent High Court decision underlines the burden on a litigating party and its expert witness to state frankly, and with sufficient detail, the nature …
Upcoming webinars: freezing orders, class actions and contracts
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …
Showing 1,344 out of 1,863 results
View moreKey contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London