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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 …
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Key contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London