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Jackson reforms will not be extended to insolvency proceedings from this April as planned
The government has today announced that it is scrapping its plans to end the insolvency exception to the Jackson reforms from April this year (as we …
Company ordered to disclose documents in the control of its controllers
The Commercial Court has ordered a company to disclose documents in the hands of third parties (an individual and another company in the same group) on …
Establishing "good reason" for breach of order following change of solicitors may require waiver of privilege
The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate …
Contractual entitlement to "reasonable access" to documents was not subject to requirement to justify request for access
The High Court has granted a seller's application to inspect certain documents of its former subsidiaries pursuant to a contractual term …
US Supreme Court weighing proposals to curtail scope, burden and uncertainty of discovery in US Federal Court
Joe Falcone has published an article in Financier Worldwide addressing proposed amendments to the US Federal Rules of Civil Procedure, which govern civil …
Insurance Act receives royal assent
The Insurance Act yesterday received royal assent, paving the way for the most significant change to English insurance contract law in over 100 years. …
Herbert Smith Freehills publishes client research on the use of mediation in Hong Kong
Our Hong Kong dispute resolution team has published a new guide "ADR in Asia: Spotlight on mediation in Hong Kong" following a survey of around 100 …
Fraud/iniquity exception applied to displace privilege where evidence of transaction defrauding creditors
In a recent decision, the High Court held that legal advice taken in relation to certain transactions was not protected by privilege, as there was …
Inconsistent dispute resolution clauses – Commercial Court emphasises presumption of “one-stop adjudication”
The Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by an exclusive English jurisdiction clause in a …
Article published on changes to jurisdiction rules under recast Brussels Regulation
The recast Brussels Regulation has introduced significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings …
When can the court stay proceedings against an English domiciled defendant in favour of proceedings in a non-EU court?
The High Court has held that it had power to stay proceedings against an English domiciled defendant in favour of the courts of Western Australia, as the …
High Court provides guidance on waiver of sovereign immunity
In a recent decision, the High Court considered the scope of sovereign immunity provided by section 1 of the State Immunity Act 1978 (the “1978 …
Showing 1,452 out of 1,929 results
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