Litigation Notes

Court of Appeal finds exclusive jurisdiction clause in settlement agreement with employee ineffective, as it was not entered into after the particular dispute had arisen

The Court of Appeal has held that an exclusive jurisdiction clause in a settlement agreement between an employer and employee was not effective to give …

Court of Appeal finds lawful act duress does not apply where party exerting pressure holds good faith belief in its entitlement

The Court of Appeal has overturned a High Court decision to set aside a contract on the basis of lawful act duress where there was no finding of bad …

Launch of our new Banking Litigation blog

Herbert Smith Freehills has launched a new Banking Litigation blog, which you can find at https://hsfnotes.com/bankinglitigation or via the “More …

Court of Appeal upholds decision rectifying share purchase agreement and disclosure letter

Launch of our new Civil Fraud and Asset Tracing blog

Herbert Smith Freehills has launched a new Civil Fraud and Asset Tracing blog, which you can find at https://hsfnotes.com/cf or via the “More blogs” link …

Commercial Court gives guidance on definition of 'consumer' under Recast Brussels Regulation in cryptocurrency futures trading case

The Commercial Court has confirmed that an individual investor, with substantial means and more knowledge and experience than the average person, may …

Court of Appeal finds ISDA jurisdiction clause trumps competing clause in related contract

A recent Court of Appeal judgment provides further assurance that jurisdiction clauses within standard form ISDA documentation will not readily be …

When do you have a binding contract? It may be more (or less) often than you think

Court of Appeal finds offer relating to unpleaded counterclaim was valid under Part 36

The Court of Appeal has upheld a decision that a defendant's offer to accept £100,000 in settlement of both the claim and its unpleaded counterclaim was …

Disclosure Pilot: High Court clarifies transitional operation and considers privilege claims

The High Court has confirmed that the Disclosure Pilot operating in the Business and Property Courts since 1 January 2019 applies to all proceedings …

High Court finds parties agreed to vary application of "without prejudice" rule in subsequent "without prejudice save as to costs" correspondence

The High Court has held that correspondence marked "without prejudice save as to costs" and which described the conduct of prior "without prejudice" …

Court of Appeal confirms no claim for third party's loss unless common intention to benefit the third party at the time of contracting

The Court of Appeal has held that, where a buyer wrongly terminated a two year contract, the seller could only claim its own loss of profit and not that …