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Supreme Court re-emphasises importance of “natural meaning” in interpreting contracts
In interpreting a service charge provision in a number of long leases, the Supreme Court has concluded that arguments based on commercial common sense …
When do you have a binding contract? It may be more (or less) often than you think
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the …
Important High Court decision on waiver of privilege and without prejudice protection
In a decision earlier this week, the High Court held that a defendant bank had waived both legal professional privilege and without prejudice protection …
Party could not enforce contractual right to recover overpayments where established convention to charge on non-contractual basis
The High Court held that a social landlord was estopped from deducting overpayments it had made to a contractor, according to the contractual pricing and …
Part 36 costs sanctions delayed until defendant had information needed to assess quantum
In a recent case where the claimant beat its Part 36 offer to settle, the High Court held that it would be unjust to apply the Part 36 costs …
Irish court endorses use of predictive coding for disclosure
A recent decision of the High Court in the Republic of Ireland has endorsed the use of predictive coding for a disclosure exercise, rejecting the …
Importance of frank disclosure of factors that could affect expert's independence
A recent High Court decision underlines the burden on a litigating party and its expert witness to state frankly, and with sufficient detail, the nature …
Upcoming webinars: freezing orders, class actions and contracts
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …
CJEU confirms validity of jurisdiction clauses agreed electronically by "click-wrapping"
In a very recent decision, the Court of Justice of the EU has clarified the requirement under the Brussels Regulation for a jurisdiction agreement to be …
Risks of US claims arising from acts of third parties in supply chain
In recent years, we have seen increasing efforts to hold multinational companies legally responsible for acts conducted abroad, particularly in emerging …
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
High Court strikes out warranty claim due to shortcomings in claim notice
The High Court has held that a notice delivered by a purchaser under a sale and purchase agreement did not meet the contractual requirements of a claim …
Showing 84 out of 130 results
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London