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Opt-out class action proposed for competition claims
On Tuesday (24 April) the government published its anticipated consultation on competition law private actions, including radical …
Working party to consider issues relating to contingency fees
A working party has been set up to consider the practical and policy issues arising from the planned introduction of contingency fees, or "damages …
High Court finds that tribunal has power to award damages for breach of arbitration clause in West Tankers case
The court has found that the majority of the arbitral tribunal was wrong to decline jurisdiction over a claim for equitable damages for breach of an …
Commercial Court stays proceedings in favour of Ukrainian courts in landmark decision
The Commercial Court has stayed proceedings against an English domiciled defendant on the basis that the object of the proceedings was the validity of …
Court of Appeal decision on best endeavours clause
By a majority, the Court of Appeal has held that an airport operator's obligation to use best endeavours to promote an airline's low-cost services gave …
Permission to change experts only if "good reason"
The Court of Appeal has confirmed that permission for a change of expert will only be granted where a party has "good reason" for the change; the mere …
No legal advice privilege for claims consultants
The High Court has confirmed that communications between a party and his construction claims consultants (in relation to a claim for extensions of …
Application of litigation privilege to competition investigations
In a ruling last Tuesday, 20 March, the Competition Appeal Tribunal has held that notes of third party witness interviews conducted by a …
Lord Justice Jackson emphasises role of ADR in resolving disputes
One of Lord Justice Jackson’s recommendations, in his January 2010 report on civil litigation costs (click here for a summary of the key recommendations …
Litigation from a client's perspective: top tips from the advocacy unit
On 21 March Murray Rosen QC, head of Herbert Smith's Advocacy Unit, together with support lawyers Pamela Kiesselbach and David Phillips, presented a …
New powers to define and limit factual evidence
The Civil Procedure Rule Committee has agreed a proposal to address the concerns expressed in Lord Justice Jackson's costs review as to the use of …
Party in breach of "unless" order due to strict application of deemed service provisions
The High Court has held that a party was in breach of an "unless" order requiring service of a disclosure list by a particular date, despite the …
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
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Knowledge Lawyer, London
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Knowledge Lawyer, London