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High Court refuses to order bank to disclose its Credit Process Guide
A recently published decision of the High Court demonstrates that a court will examine closely whether a document comes within the test for standard …
Our new head of global disputes and new London head of commercial litigation
Herbert Smith Freehills has today announced the appointment of partner Justin D'Agostino as Global Head of Dispute Resolution. Justin will commence the …
High Court refuses permission for new expert where party delayed in disclosing previous expert's withdrawal
The High Court has held that, in the circumstances of this case, the claimant's failure to disclose its expert's withdrawal from the case for some six …
High Court finds witness should only be excluded from court with good reason
In a recent decision, the High Court has commented on the approach that should be adopted in exercising the court's discretion to exclude a witness from …
Court of Appeal decision means injunction to prevent breach may be more readily obtained where damages limited by contract
The Court of Appeal has held that an interim injunction should be granted to prevent the defendant's alleged breach, on the basis that damages would be …
Commercial Court "driven" to strike out claim despite view that such a sanction was unjust and disproportionate
The Commercial Court has, with obvious reluctance, struck out a claim on the basis that the claimant was 20 days late in serving particulars of …
Commercial Court seeks to discourage tactical use of Mitchell
In a recent decision the Commercial Court penalised the defendants in costs for seeking to rely on Mitchell to turn to their tactical advantage the …
Costs budgeting to be extended to cases below £10 million in all courts
The current exceptions to the mandatory costs budgeting regime are set to be replaced by an exception for claims of over £10 million across all …
Court of Appeal decision underlines need for clear evidence of dominant purpose in maintaining claim to litigation privilege
The Court of Appeal has upheld a decision rejecting a claim to litigation privilege for reports obtained by liquidators, as the liquidators had failed to …
Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance / knowing receipt
Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered, …
Court of Appeal confirms party that has renounced contract cannot rely on own unwillingness to perform to reduce damages payable
The Court of Appeal has confirmed that where a party to a contract has renounced its obligations, damages are to be assessed on the assumption that it …
Court can order pre-action disclosure in judicial review proceedings
The High Court has found that the court technically has power to order pre-action disclosure in judicial review proceedings, despite this power not being …
Showing 1,476 out of 1,864 results
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Alan Watts
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