Litigation Notes

Court of Appeal finds defendant gave good consideration for varied settlement in agreeing to give up defence that was later found to be without merit

The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v …

High Court orders Russian claimant to provide security for costs despite evidence of assets in Switzerland and Cyprus

The High Court has granted an order for security for costs against a Russian claimant, on the basis that there was a real risk that any costs order …

Court of Appeal confirms no duty on solicitor to warn opponent of error in serving claim form

CPR at 20 anniversary conference – a practitioner's perspective on the first twenty years of the Civil Procedure Rules

Damien Byrne Hill, our head of dispute resolution for the UK and US, reflected on the past challenges and future priorities for the CPR at a conference …

Supreme Court clarifies meaning and effect of “serious harm” requirement under Defamation Act 2013

The Supreme Court has held that the requirement to show "serious harm" under section 1(1) of the Defamation Act 2013 not only raises the threshold of …

High Court awards full purchase price as damages for breach of warranty under share purchase agreement

The High Court has held that a purchaser was entitled to an award of damages amounting to the full purchase price under a share purchase agreement …

Court of Appeal finds exclusive jurisdiction clause in settlement agreement with employee ineffective, as it was not entered into after the particular dispute had arisen

The Court of Appeal has held that an exclusive jurisdiction clause in a settlement agreement between an employer and employee was not effective to give …

Court of Appeal finds lawful act duress does not apply where party exerting pressure holds good faith belief in its entitlement

The Court of Appeal has overturned a High Court decision to set aside a contract on the basis of lawful act duress where there was no finding of bad …

Launch of our new Banking Litigation blog

Herbert Smith Freehills has launched a new Banking Litigation blog, which you can find at https://hsfnotes.com/bankinglitigation or via the “More …

Court of Appeal upholds decision rectifying share purchase agreement and disclosure letter

Launch of our new Civil Fraud and Asset Tracing blog

Herbert Smith Freehills has launched a new Civil Fraud and Asset Tracing blog, which you can find at https://hsfnotes.com/cf or via the “More blogs” link …

Managing risk: A disputes perspective (2019)

Herbert Smith Freehills recently held its annual disputes client conference exploring some key legal and compliance risks facing major corporates. The …