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Part 36: difficulties in split trials
A recent High Court decision has highlighted difficulties arising from the application of Part 36 in the context of split trials, or trials of …
Waiver of privilege: deployment and cherry-picking
A recent tribunal decision has given a reminder of when a waiver of privilege will (or will not) extend further than a party intends: Fisher v …
Power to strike out exaggerated claim will rarely be exercised
The Supreme Court has ruled that the court has power to strike out a dishonestly exaggerated claim as an abuse of process at any stage of the …
Court of Appeal considers confidentiality obligations of in-house lawyers
The Court of Appeal has considered whether and in what circumstances a former employed lawyer will be restrained from acting adverse to a former …
Costs consequences of settlement offers made outside Part 36
The Court of Appeal has held that the court was not entitled to apply the Part 36 costs consequences "by analogy" to award indemnity costs and enhanced …
Court of Appeal upholds anti-suit injunction against non-party to arbitration clause
The Court of Appeal has upheld an anti-suit injunction against a non-party to an arbitration clause on the grounds that Russian proceedings being pursued …
Report recommends new class action for Hong Kong
Class action reform has for some time been a hot topic both in the UK and in Europe, with recent government proposals for a new "opt-out" collective …
Webinar alert - Thorny issues in the law of privilege: Practical tips for in-house lawyers
On Tuesday 26 June (12:45 to 1:45 UK time) Anna Pertoldi, Nikunj Kiri, Chris Parker, James Norris-Jones and Maura McIntosh will present a …
Herbert Smith publishes briefing on Eurozone crisis
On Wednesday 30 May 2012, Herbert Smith hosted a webinar focussing on some of the legal implications of the escalating Eurozone crisis, including the …
Disclosure of client contact details: conflicting approaches
The High Court has refused to order a firm of solicitors to disclose a client's contact details to assist in the enforcement of a committal order against …
The status of express obligations to negotiate in good faith
In two recent decisions, the courts have considered the enforceability of express contractual terms requiring a party to negotiate in good faith and, in …
Moving away from "one-size fits all" approach to pre-action conduct
One of Lord Justice Jackson's recommendations was that the practice direction on pre-action conduct (PDPAC) should be substantially repealed and …
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Alan Watts
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Knowledge Counsel, London
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