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Court of Appeal applies rigorous approach to assessing purpose element of claims to set aside transactions defrauding creditors
Despite evidence that a defendant knew he was facing potential proceedings which could bankrupt him, at the time he transferred assets to his son, the …
Two-year pilot of new disclosure rules to commence 1 January 2019
New rules to govern disclosure of documents in litigation before the English courts were unveiled yesterday, having been approved by the Civil Procedure …
Supreme Court confirms no liability in tort to undisclosed principal provided with bank reference
A recent decision of the Supreme Court confirms that, where a bank reference is requested on behalf of an undisclosed principal, the bank providing the …
Supreme Court confirms employers' duty of care to employees does not extend to the conduct of litigation
The Supreme Court has held that where an employer is sued on the basis that it is vicariously liable for the acts of its employees, it does not owe those …
High Court holds ISDA jurisdiction clause trumps competing jurisdiction clause in separate but related agreement
In a recent decision, the High Court found that the jurisdiction clause in a 1992 ISDA Master Agreement was effective over a 'competing' jurisdiction …
New Podcast - Class actions in England and Wales: An increasing threat to corporates?
In this podcast, Damian Grave, Gregg Rowan and Maura McIntosh discuss the extent to which class actions in the English courts are becoming an …
High Court finds right of freedom of expression outweighed by right to privacy in relation to press coverage of police investigation
In a recent decision, the High Court engaged in the exercise of balancing a broadcasting organisation's right to freedom of expression under Article 10 …
Court of Appeal decision underlines high threshold for implying terms into a contract
The Court of Appeal has overturned a High Court decision to imply a contractual term into a loan agreement entered into between a brokerage firm and …
High Court finds strike out of response to unfair prejudice petition does not automatically entitle petitioner to relief
In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company's affairs can …
Herbert Smith Freehills contributes England and Wales chapter of The Securities Litigation Review
Securities litigation presents an increasing threat to UK corporates, with the potential for both regulatory action and civil claims by investors seeking …
Court of Appeal finds clause limiting liability for negligence was reasonable
The Court of Appeal has recently upheld a High Court decision that a term limiting a defendant's liability for negligence in the supply of a fire …
Court of Appeal finds non-shareholder creditor's claim barred by rule against reflective loss
In a recent decision, the Court of Appeal has clarified the ambit of the so-called rule against reflective loss, which has traditionally operated to …
Showing 1,044 out of 1,929 results
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
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Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London