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Court of Appeal upholds order limiting recoverable costs to court fees where party failed to file costs budget
Lord Justice Jackson has delivered the leading judgment dismissing an appeal against imposition of the so-called "Mitchell" sanction where a party …
Claimant ordered to reveal funder's identity so defendant could apply for security for costs against funder
The High Court has ordered a claimant to reveal the identity of his litigation funder so that the defendant could apply for security for costs against …
Two High Court decisions illustrate broad application of without prejudice protection
In two recent cases, the courts have rejected attempts to introduce evidence of without prejudice (WP) communications. The decisions emphasise the …
Upcoming webinar - International Litigation Update
On Tuesday 18 October (12noon - 1.00pm UK time) we will present the first in a new series of webinars for Herbert Smith Freehills clients and …
Court of Appeal finds settlement offer not subject to "without prejudice" protection as it amounted to an unambiguously improper threat
The Court of Appeal has recently considered the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege: Ferster v …
High Court finds LLP member's profit share can be forfeited for breach of fiduciary duty
On an appeal from an arbitration award, the High Court found that a profit share payable to a member of an LLP was capable of being subject to forfeiture …
Herbert Smith Freehills sponsors and contributes chapters to the recently published First Edition of Getting the Deal Through – Financial Services Litigation 2016
In the light of the global growth of litigation in the financial sector following the financial crisis, Herbert Smith Freehills has sponsored 'Getting …
Guide to Dispute Resolution in Africa: 2nd edition
Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising …
High Court upholds arbitrator’s decision to award claimant the costs of third party funding
The High Court has held that a sole arbitrator did not exceed his powers in including the costs of third party funding within a costs award, and …
English law contracts post-Brexit: What changes should commercial parties expect?
The core principles of English contract law, such as interpretation of contracts and remedies for breach, will not be affected by Brexit and the key …
Hague Convention on Choice of Court Agreements will apply to Singapore from 1 October 2016
The Convention aims to increase the effectiveness of jurisdiction clauses and make judgments obtained under those clauses easier to enforce. Currently …
No implied obligation of good faith in exercising contractual right of termination
The High Court has again considered the circumstances in which a duty of good faith will be implied into a contract, rejecting an argument that a party's …
Showing 1,176 out of 1,863 results
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