Litigation Notes

Court of Appeal confirms reflective loss rule will bar claims of former shareholders of a dissolved company because the principle must be determined at time of alleged loss

The Court of Appeal has upheld a decision of the High Court to strike out a claim by the former shareholders of a dissolved company against an investor …

High Court declines to impose disclosure conditions on party wishing to replace expert as no "expert shopping" had taken place

Supreme Court finds Civil Liability (Contribution) Act 1978 applies only where contribution claim governed by English law

The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic …

Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege

44th FA Mann lecture, 30 November 2022: Professor Campbell McLachlan KC - "Foreign relations law revisited"

44th FA MANN LECTURE PROFESSOR CAMPBELL MCLACHLAN KC – “FOREIGN RELATIONS LAW REVISITED” 30 November 2022 The Old Hall, Lincoln’s Inn, London The …

Herbert Smith Freehills launches new edition of Class Actions in England and Wales

A second edition of our text on class actions in England and Wales, co-authored by Herbert Smith Freehills lawyers, has been published in the UK by Sweet …

Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to "overcome" force majeure event

Key Supreme Court insolvency ruling clarifies stance on creditor duties

Article published - Injunctions against “Persons Unknown”: uncertain territory

A recent High Court decision has highlighted a number of issues relating to injunctions against "Persons Unknown", and specifically the fact …

Article published - UK: Enforcement of Foreign Judgments Comparative Guide

Anna Pertoldi and Gary Horlock have published an article summarising when and how foreign judgments may be enforced in the courts of England and Wales, …

No privilege for original version of document simply because comparison to final version would reveal legal advice

Application for third party disclosure can be served abroad where the documents are within the jurisdiction

The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales, in …