Litigation Notes

Privy Council clarifies application of Duomatic principle to beneficial owners and the conferring of ostensible authority

The Judicial Committee of the Privy Council has ruled that the corporate director and the agent of a BVI-based holding company did not owe the company a …

Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clause

The Court of Appeal has upheld the High Court’s decision on a claim involving the legal meaning of ‘goodwill’ and the contractual construction of an …

High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose

The High Court has dismissed a Part 8 claim against a bank for allegedly failing to provide an adequate response to the claimant’s Data Subject Access …

Judicial Update on operation of the Disclosure Pilot Scheme

Claimant’s offer construed to comply with CPR Part 36 despite error in specifying minimum 21-day “relevant period” for the offer

The High Court has construed a claimant’s offer as compliant with CPR Part 36 where it stated that the “relevant period” ran for 21 days from the date of …

High Court decision suggests damages may be calculated differently where claimant is hopelessly insolvent

In a recent decision, the High Court declined to strike out a claim against a bank for alleged breach of a Quincecare duty on the ground that the …

High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege

Judgment handed down in FCA's COVID-19 business interruption insurance test case

The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and …

Singapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020

Tomorrow marks an important day for international dispute resolution as the Singapore Mediation Convention comes into force, just over a year after its …

Two interesting decisions on freezing injunctions

Recent posts on our Civil Fraud and Asset Tracing Notes blog highlight two interesting decisions on freezing injunctions. In the first, the Court of …

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

Our first Guide to Dispute Resolution and Governing Law in Russia provides a concise and accessible overview of some of the practical issues involving …

Article published - Class action test cases: selection and strategy

In the High Court's recent decision in Lancaster and others v Peacock QC [2020] EWHC 1231 (Ch), the court has taken the rare step of commenting on how …