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High Court finds obligation to use "all reasonable endeavours" to reach agreement with third party was enforceable
The High Court has upheld a contractual provision requiring a party to use "all reasonable endeavours" to obtain a senior debt facility agreement, …
High Court decision takes restrictive approach to both litigation privilege and legal advice privilege
A High Court decision earlier this week has applied a strict approach to litigation privilege in the context of criminal proceedings, finding that …
New Global Construction & Infrastructure Disputes publication
The Herbert Smith Freehills Global Construction and Infrastructure Disputes Practice has published the inaugural issue of its new …
Article published - Contractual interpretation: continuity rather than change?
The past few years have provided an abundance of case law on contractual interpretation, including cases at the highest levels. These have sometimes …
Court of Appeal sends further message on mediation: Don’t drag your heels in arranging it
A recent Court of Appeal decision is the latest instance of the court expressly sending a message to litigants confirming what it expects of them …
Supreme Court finds lender could not recover damages from negligent accountants where loss avoided by borrower's repayment
The Supreme Court has held that the loss suffered by a lender due to its accountants' breach of duty was extinguished when the loan was repaid by the …
Subject access request may be used to obtain information for purposes of litigation
The Court of Appeal has recently ordered an English law firm which acted for trusts governed by Bahamian law to comply with a subject access request …
High Court grants interim non-disclosure order to restrain publication of confidential information
The High Court recently granted a hedge fund an interim non-disclosure order to restrain the publication of confidential information which had been …
Court of Appeal clarifies test for setting aside judgment for fraud
The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v …
Court of Appeal decision may mean higher awards of interest for claimants who make well-judged Part 36 offers
The Court of Appeal has held that a defendant should have been ordered to pay enhanced interest on both damages and costs at the maximum rate of 10% …
High Court finds option agreement void for uncertainty where it left delivery dates to be agreed
The High Court has found that an option agreement for the purchase of oil tankers was void for uncertainty where it provided that the delivery date for …
Survival of the first UK competition class action - at least for the moment
Last Friday (31 March), the Competition Appeal Tribunal (CAT) allowed the first 'class action' brought under the new competition law collective redress …
Showing 1,176 out of 1,929 results
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Alan Watts
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