Choice of law

High Court applies narrow interpretation of “client” for purposes of legal advice privilege

In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews conducted by a bank's solicitors with its employees were not covered by legal advice … Continue reading

1 Comment

Filed under Choice of law, Disclosure, Privilege

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 contacts, focussing on the issues that arise in litigating cross border disputes. In this webinar: Larry … Continue reading

Leave a Comment

Filed under Announcements, Choice of law, Disclosure, Enforcement, Jurisdiction

Upcoming webinar – Dispute resolution choices for finance parties: A practical look at recent developments affecting dispute resolution options

On Thursday 14 July (12.45 – 1.45pm BST), Adam Johnson, Nick Peacock and Vanessa Naish (chair) will deliver a webinar for Herbert Smith Freehills clients and contacts looking at dispute resolution choices for finance parties.  Finance parties are often inclined to revert … Continue reading

Leave a Comment

Filed under Choice of law, Jurisdiction

Commercial Court considers when a contract is “manifestly more closely connected” with another country for the purpose of determining applicable law

The Commercial Court has considered the meaning of "manifestly more closely connected" with another country in Article 4 of the Rome I Regulation ((EC) No 593/2008), holding that this escape clause only applies if the cumulative weight of the factors … Continue reading

Leave a Comment

Filed under Choice of law

Choice of English law / jurisdiction will not always mean a dispute will be heard in England and English law applied

Two recent Court of Appeal decisions are a reminder that an exclusive English jurisdiction clause and choice of English law clause will not always ensure that any disputes are heard in England and that English law is applied. In the … Continue reading

Leave a Comment

Filed under Choice of law, Jurisdiction

High Court applies English law to questions of privilege in applications under Insolvency Act 1986

In the context of joint liquidators' applications for documents "belonging to" the company or "relating to" its affairs (under sections 324 and 326 of the Insolvency Act 1986), the High Court confirmed that English law applied to determine whether documents could … Continue reading

Leave a Comment

Filed under Choice of law, Privilege

Herbert Smith publishes briefing on Eurozone crisis

On Wednesday 30 May 2012, Herbert Smith hosted a webinar focussing on some of the legal implications of the escalating Eurozone crisis, including the prospect of a Greek departure from the currency union (the Eurozone) and the remedies available for … Continue reading

Leave a Comment

Filed under Choice of law, Contract, Jurisdiction

Eurozone crisis: economic challenges and legal risks

On 14 December 2011, Herbert Smith hosted a seminar to discuss the economic challenges and legal risks arising from the eurozone crisis, including practical issues that companies might consider taking to mitigate these risks. Presentations were given by Bill Robinson, … Continue reading

Leave a Comment

Filed under Choice of law, Contract, Jurisdiction

Webinar alert – Dispute resolution clauses: how to avoid pitfalls

On Wednesday 23 November Adam Johnson and Pamela Kiesselbach will deliver a live audio webinar exploring a number of practical issues to consider when drafting dispute resolution clauses (12:45 to 1:45 UK time). The webinar will provide an update on recent case … Continue reading

Leave a Comment

Filed under Announcements, Choice of law, Contract, Jurisdiction