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Supreme Court endorses commercial common sense as an aid to construction
On Wednesday 2 November the Supreme Court handed down a judgment with significant implications for how commercial contracts are construed: Rainy Sky SA …
Launch of our new litigation know-how blog
Welcome to Herbert Smith’s new litigation know-how blog, "litigation notes". The aim of the site is to report the latest developments on …
UK not opting in to proposed European Account Preservation Order Regulation
The government yesterday announced that the UK would not be opting in to the proposed Regulation establishing a Europe-wide bank …
Government considering new form of collective action for competition claims
The Department for Business, Innovation and Skills (BIS) flagged in its March 2011 consultation on reforms to the UK competition regime that it was "keen …
Test for joint interest privilege clarified
The High Court has clarified the circumstances in which a company director or officer is entitled to assert joint interest privilege in legal advice …
No joint privilege for conspiring shareholder
A company is not generally entitled to assert privilege against its shareholders, since they have a joint interest in the advice received. This …
Court of Appeal on limited waiver of privilege
The Court of Appeal has held that a claimant was entitled to assert privilege in a draft witness statement relating to separate litigation, despite …
Proposed optional Common European Sales Law
On 11 October the European Commission published its proposed Regulation on a Common European Sales Law (download pdf here), aimed at …
Relevance not sufficient for standard disclosure
The Court of Appeal has reiterated the distinction between the broad discovery regime that applied before the introduction of the Civil Procedure Rules …
Personal service on director not valid where company not present in jurisdiction
The Court of Appeal has held that a foreign company which does not carry on business within England and Wales cannot be validly served by …
Assignment of claim void for champerty
In the context of litigation funded by third parties the courts have taken an increasingly liberal approach to the principles of champerty and …
An insight on the Supreme Court
Russell Hopkins, an associate in our firm's Advocacy Unit, has recently returned from spending a year as one of eight Judicial Assistants to the Justices …
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