Litigation Notes

Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation

The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings …

Rule against reflective loss neither a procedural rule nor an overriding mandatory provision of English law, so does not apply to foreign law claims in English court

The High Court has held that the rule against reflective loss is not a rule of procedure, so as to fall outside the Rome II Regulation, and nor is it an …

How far can you act in your own self-interest? The role of good faith in commercial contracts

The Lloyds/HBOS litigation: The first shareholder class action judgment in England & Wales

The first judgment in a shareholder class action in England & Wales has been handed down by the High Court today in Sharp v Blank [2019] …

Court of Appeal confirms jurisdiction to award claimant interim payment on account of costs where Part 36 offer accepted within relevant period

The Court of Appeal has unanimously held that the court has jurisdiction to order an interim payment on account of costs pursuant to CPR 44.2 where a …

Article published - Redrafted DBA Regulations: a promising basis for reform

As explained in this previous post, a proposed redrafted version of the regulations governing Damages-Based Agreements (DBAs) has recently been …

First securities class action judgment in Australia

The Australian Federal Court has recently handed down judgment in the first securities class action in Australia to reach trial: TPT Patrol Pty Ltd …

Court of Appeal holds that UK anchor defendants can be sued for the sole purpose of establishing jurisdiction against foreign co-defendants

The Court of Appeal has held, by a majority, that the jurisdiction rules in the Brussels regime allow a defendant to be sued in a co-defendant's …

Supreme Court decision clarifies when non-party costs orders should be made against insurers

The Supreme Court has overturned the Court of Appeal's decision to award non-party costs against an insurer under section 51 of the Senior Courts Act …

Important Supreme Court decision on "Quincecare" duties of care and corporate attribution

Launch of our new Public Law blog

Herbert Smith Freehills has launched a new Public Law blog, which you can find at https://hsfnotes.com/publiclaw or via the “More blogs” link above. The …

High Court refuses Tesco’s strike out application in s.90A FSMA group shareholder action

In an important decision for securities litigation in the UK, the High Court has dismissed a strike out application made by Tesco plc in the group …