Litigation Notes

High Court considers principles relating to cut-off dates and the costs of advertising in group litigation

In a procedural judgment in the British Airways Data Event Group Litigation, the High Court has granted a modest extension to the cut-off date for …

Court of Appeal orders defendants to request their employees and ex-employees to produce personal devices for inspection to identify documents in defendants' control

High Court held it could determine costs where Part 36 offer accepted one day after expiry of relevant period, even though the offer contained a term as to costs

The High Court has found that a defendant who accepted a claimant’s Part 36 offer after the expiry of the relevant offer period could ask the court to …

Court of Appeal decision confirms severe consequences where business partner for exploitation of oil-extraction technology breached fiduciary duty

The Court of Appeal has substantially upheld the first instance decisions in a lengthy piece of ongoing litigation relating to a joint business venture …

Cross-border insolvencies in the UK and the EU – a quick guide

Our Restructuring, Turnaround and Insolvency team has published a quick guide to the implications of Brexit for cross-border insolvencies, given the …

Court of Appeal upholds strike-out of malicious falsehood claim as an abuse of process and because it disclosed no reasonably arguable claim for pecuniary loss

The Court of Appeal has upheld a decision to strike out a malicious falsehood claim on the grounds that the proceedings were abusive and disclosed no …

Mass litigation in Spain: between joinder of claims and class actions

In an article published on our global class actions hub, Jaime de San Román, Fernando Gascón and Beltrán Díaz-Criado of our Madrid office consider the …

Witness evidence reforms: final versions now published and will apply from 6 April

Herbert Smith Freehills publishes latest edition of Asia Pacific Dispute Resolution Guide

Our 2021 Guide to Dispute Resolution in Asia Pacific summarises the key dispute resolution procedures and trends in 19 of Asia Pacific’s diverse …

Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs

In a marked shift from previous first instance decisions, the Court of Appeal has provided guidance on the circumstances in which a defendant seeking …

Court of Appeal decision shows “unambiguous impropriety” exception to without prejudice rule will be applied only in clear cases

The Court of Appeal has held that the narrow “unambiguous impropriety” exception to without prejudice privilege, which permits courts to …

Brexit: key practical implications for disputes and dispute resolution clauses