Litigation Notes

Force majeure considerations in the “second wave” of Covid-19

When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were …

Upcoming webinar – Litigation update

On Wednesday 4 November (2-3pm UK time), Anna Pertoldi and Maura McIntosh will deliver a webinar for Herbert Smith Freehills clients and contacts looking …

Herbert Smith Freehills launches podcast to accompany first Guide to Dispute Resolution and Governing Law in Russia

Following the launch of our first Guide to Dispute Resolution and Governing Law in Russia, we have recorded a podcast discussing the background to the …

Court of Appeal finds one defendant cannot claim litigation privilege over text messages, despite accepting other defendants can do so

High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex

In the first decision to consider the so-called “reflective loss” principle since the Supreme Court’s judgment in Sevilleja v …

Update on FCA’s COVID-19 business interruption insurance test case

A “consequentials hearing” in the FCA’s COVID-19 test case (The Financial Conduct Authority v Arch and others [2020] EWHC 2448 (Comm)) took place on …

High Court refuses to admit late witness evidence, applying principles for applications for relief from sanctions

In a recent decision, the High Court held that an application to admit witness evidence which had been filed and served late should be treated like an …

High Court rejects claim to litigation privilege in advice from accountants on tax structure

In a recent decision, the High Court has held that advice from accountants on a proposed new tax structure was not prepared for the dominant purpose of …

Commercial litigation podcast series – Episode 4: General update

When events intervene: Force majeure, frustration and material adverse change

Commercial Court considers contractual estoppel, entire agreement clauses and declaratory relief in dispute relating to 1992 ISDA Master Agreement

The Commercial Court has granted declaratory relief concerning a bank’s rights under an interest rate hedging arrangement governed by the 1992 ISDA …

Article published - Disclosure Pilot Scheme: a potential way forward?