Litigation Notes

High Court finds no litigation privilege where expert instructed to try to find backing for potential counterclaim

Article published - Lloyd v Google: the upshot for data class actions

The exponential growth in the volume of data being collected and shared, along with the ease and reduced costs of gathering, analysing, using and …

High Court considers the requirement for “awareness” in implied misrepresentation claims

The High Court has refused an application to strike out or summarily dismiss a claim for fraudulent misrepresentation in the group litigation against …

Supreme Court confirms UK government’s recognition of President of Venezuela, leaving Commercial Court to determine who is authorised to give instructions on behalf of Venezuelan Central Bank

Following an ongoing dispute between two competing Boards of the Central Bank of Venezuela (BCV), both claiming to be appointed by the recognised …

Claimants “substantially succeed” in the largest ever English civil fraud trial

The High Court has published a summary of its findings on liability in the long-running USD$5 billion civil fraud action brought by the Hewlett Packard …

Cryptocurrency insufficient to satisfy test for security for costs

Court of Appeal rejects novel argument that fraud victims should give credit for the “time value” of cash received as part of a fraudulent transaction

In the context of a claim brought by the victim of a fraud against the perpetrator, seeking damages for consequential loss of investment opportunity in …

Privy Council restatement of the law on freezing and other interim injunctions

In a recent judgment, the Privy Council has delivered a “ground-breaking exposition of the law of injunctions” (in the words of the Master of the Rolls), …

Drafting contracts - key lessons from 2021: briefing and webinar

Our corporate team's recently published annual contract law update briefing considers a number of interesting contract law cases from 2021 which …

Third edition of Class Actions in Australia launched today

Herbert Smith Freehills is today launching the third edition of its successful textbook, Class Actions in Australia. Written by lawyers from the …

New edition of Commercial Court Guide includes important updates

UK government consults on whether to sign the Singapore Convention on mediated settlements

The UK government has launched a consultation seeking views on whether the UK should sign the Singapore Convention, which came into force in September …