Miscellaneous

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 Court of Appeal held that this was not sufficient to find that the transfer was … Continue reading

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Filed under Evidence, Miscellaneous, Remedies

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 recovery of losses suffered as a result of investing in applicable securities. Karen Anderson and Harry Edwards have … Continue reading

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Filed under Announcements, Class actions, Miscellaneous

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 prevent shareholders from bringing claims where their loss merely reflects the loss suffered by the company: … Continue reading

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Filed under Miscellaneous, Remedies

Managing risk: A disputes perspective (2018)

Herbert Smith Freehills recently held its annual disputes client conference exploring some key legal and compliance risks facing major corporates. The event was attended by close to 100 clients. After opening remarks by Damien Byrne Hill, head of dispute resolution for … Continue reading

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Filed under Announcements, Miscellaneous

Court of Appeal considers when material posted on Facebook is published for the purposes of defamation

The Court of Appeal has rejected an argument that there is a need to “rebalance” the law of defamation in favour of defendants by imposing a knowledge or negligence based test to establish liability for publication, with the burden of … Continue reading

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Filed under Miscellaneous, Tort

PAG v RBS: Court of Appeal dismisses swaps mis-selling and libor manipulation claims

In its first substantive decision on allegations of LIBOR manipulation and interest rate hedging product mis-selling, the Court of Appeal has dismissed the claimant’s appeal with the result that all claims against the defendant bank have failed: Property Alliance Group … Continue reading

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Filed under Miscellaneous, Tort

A litigator’s yearbook: 2017 (England and Wales)

As we see another year out, it’s a good time to look back at what 2017 has had in store. In this post we summarise some of the key developments from the perspective of the commercial litigator, covering topics such as … Continue reading

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Filed under Miscellaneous

High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)

The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway permitting service out of the jurisdiction at common law for claims “under an enactment … Continue reading

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Filed under Jurisdiction, Miscellaneous

Supreme Court restates test for dishonesty in criminal proceedings

The Supreme Court has held that the correct test for dishonesty in criminal proceedings is whether or not the defendant’s conduct is dishonest by the objective standards of ordinary reasonable and honest people: Ivey v Genting Casinos (UK) Ltd t/a … Continue reading

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Court of Appeal clarifies guidance on “serious harm” requirement under Defamation Act 2013

In an important decision for the law of defamation, the Court of Appeal has clarified the meaning and effect of the requirement to show “serious harm” under the Defamation Act 2013: Lachaux v Independent Print & Ors [2017] EWCA Civ … Continue reading

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Filed under Miscellaneous