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Article published on loss or waiver of privilege
It sometimes happens that a privileged document ends up in the hands of an opponent or third party, either as a result of inadvertent disclosure in …
A unique interactive convention: Shaping the Future of International Dispute Resolution
A convention being held next month at the Guildhall, London, on Shaping the Future of International Dispute Resolution will bring together an …
Jackson reforms to apply to insolvency proceedings from April 2015
According to press reports this week, the insolvency exception to the Jackson reforms will end next April, meaning that CFA success fees and ATE …
US appeals court limits extra-territorial application of anti-fraud provisions of US securities laws
A recent decision of the US Court of Appeals for the Second Circuit has refused to impose liability under § 10(b) of the Securities Exchange Act of 1934 …
High Court applies fraud/iniquity exception to displace litigation privilege
The High Court has held that certain communications between a client and lawyers during the course of proceedings were not protected by litigation …
Court of Appeal finds foreign subsidiary not domiciled in England under Brussels Regulation
The Court of Appeal has held that the South African subsidiary of an English parent did not have its central administration in England and was therefore …
US: Herbert Smith Freehills obtains important decision for non-US banks which maintain a branch office in New York
In a case of first impression in the New York state courts – Gliklad v. Bank Hapoalim, B.M., No. 155195/2014 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 11, …
Article published on strict test for litigation privilege
To gain the protection of litigation privilege, a party must establish that when a document was created: (i) litigation was in reasonable prospect; and …
Court of Appeal considers when a person may be a de facto or shadow director
In a recent decision, the Court of Appeal upheld a finding that a director of a holding company had not become a de facto or shadow director of its …
Court of Appeal finds parent company had no duty of care to its subsidiary's employee
The Court of Appeal has reversed a first instance decision that a parent company had assumed a duty of care to an employee of its subsidiary company in …
Court of Appeal finds waiver where privileged document provided for inspection and mistake not obvious
The Court of Appeal has granted claimants permission to use privileged documents which had been disclosed inadvertently by the defendant (the SFO) …
High Court implies duty of good faith into "relational" contract
In a recent case, the High Court has implied a duty of good faith into a long-term agreement between two commercial parties: Bristol Groundschool Limited …
Showing 1,428 out of 1,864 results
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Alan Watts
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