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Jackson reforms now in force
The long-awaited Jackson reforms have come into force today, 1 April 2013. The reforms will bring about major changes to civil litigation in England and …
Court of Appeal finds contract which left matters to be agreed not unenforceable for uncertainty
The Court of Appeal has recently held that a contract for the sale of goods which left matters, including certain charges and a shipping schedule, to be …
Our new Guide to Dispute Resolution in Africa
On 19 March, at a cross-practice seminar in London attended by over 150 delegates from a range of industries and sectors, Herbert Smith Freehills …
UK Supreme Court: court can change decision without "exceptional circumstances"
In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that …
Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in …
Service formalities must be complied with in accepting Part 36 offer
A recent decision demonstrates that a Part 36 offer to settle will not be validly accepted unless written notice has been served on the offeror in …
UK Supreme Court confirms FSA not required to give cross-undertaking in damages
In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction …
The burden of proof and competing theories on causation
The Court of Appeal recently handed down judgment in the case of Nulty v Milton Keynes Borough Council [2013] EWCA Civ 15. The case concerned an appeal …
Three new Supreme Court Justices appointed
The Supreme Court has today announced the appointment of three new justices, or one quarter of the 12-member Court: Lord Justice Hughes, Lord …
High Court implies duty of good faith into distributorship agreement
In a recent decision, the High Court has implied a duty of good faith into a Distribution Agreement: Yam Seng Pte Ltd v International Trade Corp Ltd …
New exception to costs management procedures for commercial claims over £2 million
The new "costs management” procedures that are being introduced for multi-track cases commenced on or after 1 April 2013 will not apply to cases in the …
Our new "Handy client guide to the Jackson reforms"
The long-awaited Jackson reforms will come into force on 1 April 2013 and will bring about major changes to civil litigation in England and Wales. We …
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