Litigation Notes

High Court emphasises need for parties to agree disclosure search methodology and terms in advance

In a recent decision, the High Court refused to order the defendants to disclose further documents, beyond the 95 documents they had already produced …

A litigator's yearbook: 2019 (England and Wales)

Commercial Court finds asymmetric jurisdiction clause is exclusive jurisdiction clause for purposes of recast Brussels Regulation

The Commercial Court has held that an asymmetric or unilateral jurisdiction clause is an exclusive jurisdiction clause within article 31(2) of the recast …

Witness evidence working group: proposals for improvement but no radical change

Upcoming webinar - Class actions in England and Wales: Shareholder actions - The Lloyds/HBOS litigation

On Monday 9 December (1-2pm UK time), Harry Edwards, Ceri Morgan and Sarah Penfold will deliver a webinar for Herbert Smith Freehills clients and …

Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement

The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement …

High Court declines to vary embargo on draft judgment to allow it to be shared with a third party

Loss of profits awarded for breach of collateral warranty which induced claimant to arrange purchase of goods from defendant on hire purchase terms

In a recent decision, the High Court has upheld a claim for breach of collateral warranty where the claimant was induced to arrange the purchase of the …

Upcoming webinar - Litigation update

On Wednesday 27 November (1-2pm UK time), Anna Pertoldi, Maura McIntosh and Jan O’Neill will deliver a webinar for Herbert Smith …

Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation

The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings …

Rule against reflective loss neither a procedural rule nor an overriding mandatory provision of English law, so does not apply to foreign law claims in English court

The High Court has held that the rule against reflective loss is not a rule of procedure, so as to fall outside the Rome II Regulation, and nor is it an …

How far can you act in your own self-interest? The role of good faith in commercial contracts