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High Court orders disclosure of documents held in France despite French blocking statute
A recent decision has important implications for the approach the court should take in ordering disclosure of documents held in France where such …
Commercial Court refuses to award compound interest where interest losses not specifically pleaded
The Commercial Court has refused to award compound interest on sums in excess of US$1.5 billion paid away by the claimant bank as a result …
US Supreme Court decision reduces risk of US claims for violation of international law where no US connection
In a much-anticipated decision concerning the reach of the Alien Tort Claims Act (“ATS“) to foreign actors, the US Supreme Court has concluded that ATS …
High Court decision indicates strict line on revision of costs budgets
The High Court has considered the circumstances in which a costs budget, which has been approved by the court as part of a costs management order, …
Court of Appeal found agreement to pay instalments excluded right of set-off
The Court of Appeal has held that a settlement agreement, in which the defendant acknowledged that a debt was payable in full and agreed the mechanics …
Commercial Court considers principle that "there is no property in a witness"
The Commercial Court has held that it may be a contempt of court for a party to litigation to seek to prevent a witness or potential witness from …
Court of Appeal suggests rethink of prohibition on court-ordered compulsory mediation
The Court of Appeal has suggested that it may be time to review the rule in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 prohibiting a …
Jackson reforms now in force
The long-awaited Jackson reforms have come into force today, 1 April 2013. The reforms will bring about major changes to civil litigation in England and …
Court of Appeal finds contract which left matters to be agreed not unenforceable for uncertainty
The Court of Appeal has recently held that a contract for the sale of goods which left matters, including certain charges and a shipping schedule, to be …
Our new Guide to Dispute Resolution in Africa
On 19 March, at a cross-practice seminar in London attended by over 150 delegates from a range of industries and sectors, Herbert Smith Freehills …
UK Supreme Court: court can change decision without "exceptional circumstances"
In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that …
Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in …
Showing 96 out of 115 results
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