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Synthetic CDOs in the English courts: Court of Appeal upholds New York jurisdiction
The market is rife with disputes arising out of complex financial transactions comprising a series of separate but interrelated agreements. Where …
House of Lords ruling on 'without prejudice'
The ruling of the House of Lords in Ofulue v Bossert [2009] UKHL 16 highlights the wide protection provided by the without prejudice rule to parties who …
Mediator summoned to give evidence at trial regarding the mediation
In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 …
Class action reform: a business perspective
Herbert Smith LLP held a client event on 14 May 2009 to present the findings of our research in which we canvassed the views of a cross-section of large …
Civil litigation costs review: Lord Justice Jackson's interim report published
Today saw the publication of the interim report in Lord Justice Jackson's year-long review of English civil litigation costs. Weighing in at over 600 …
High Court strikes out representative element of claim against British Airways
In a judgment handed down on 8 April 2009 in Emerald Supplies Ltd v British Airways PLC [2009] EWHC 741 (Ch), the High Court has confirmed the strict …
Penalty clauses - recent cases
It is often difficult for contract drafters to know whether a term which provides for financial consequences of a certain event will be construed as a …
Are the English courts ready for service through Facebook?
On 16 December 2008, a judge in the Australian Capital Territory Supreme Court permitted service of a default judgment via the social networking site, …
ECJ prohibits use of anti-suit injunctions in support of arbitration agreements in the EU
The European Court of Justice ("ECJ") has today issued its judgment confirming the Advocate General's ("AG") Opinion of 4 September 2008 that anti-suit …
Class actions reform: Civil Justice Council publishes its final report to government
On 12 December 2008 the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, …
Court of Appeal upholds application of jurisdiction clause and reinforces doctrine of separability
Following the first instance decision of Flaux J in this case in April, there had been considerable uncertainty regarding the extent to which a party …
Enforceability of exclusion clauses – Court of Appeal decision
In a recent judgment, the Court of Appeal has provided some useful guidance on how the courts might approach the enforceability of exclusion clauses: …
Showing 1,836 out of 1,864 results
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