Miscellaneous

Court of Appeal confirms no tortious duty of care owed to customers in connection with the FCA past business review

A recent Court of Appeal decision has clarified that financial institutions do not owe duties of care in tort in connection with their conduct of the past business review of interest rate hedging product sales¬†announced by the FCA (then FSA) … Continue reading

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Filed under Miscellaneous, Tort

Global Pound Conference series – new online voting system now open

The Global Pound Conference (GPC) series concluded on 6 July, with the final conference held at the Guildhall in London. This landmark project (of which Herbert Smith Freehills is the lead sponsor)  has seen more than 3,000 corporate and disputes professionals come … Continue reading

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Filed under ADR, Announcements, Miscellaneous

CJEU limits situations in which insolvency laws relating to transaction avoidance may override Parties’ contractual choice of law

In a recent judgment, the Court of Justice of the European Union (CJEU) confirmed the extent to which an English law governed contract can be subject to the transaction avoidance provisions of the insolvency law of other another member state … Continue reading

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Filed under Choice of law, Miscellaneous

Managing risk: a disputes perspective (2017)

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 Mark Shillito, head of dispute resolution for … Continue reading

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Filed under Announcements, Miscellaneous

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 made by certain trust beneficiaries under section 7 of the Data Protection Act 1998: Dawson-Damer … Continue reading

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Filed under Disclosure, Miscellaneous

High Court finds tweets caused “serious harm” for purposes of claim in defamation

On 10 March 2017, the High Court held that two tweets written by Katie Hopkins (a well-known columnist for The Sun with 570,000 Twitter followers at the time) caused real and substantial distress to Jack Monroe (a food blogger and … Continue reading

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Filed under Miscellaneous, Tort

Insurance and Reinsurance Disputes Annual Review 2016 published

Our Insurance and Reinsurance Disputes team has today published its Annual Review of 2016, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the insurance and reinsurance market. If … Continue reading

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Filed under Announcements, Miscellaneous

Court of Appeal considers meaning of requirement to notify insurers “as soon as possible” after event likely to give rise to a claim

The Court of Appeal has confirmed that an insurer could not rely on a condition precedent relating to notification to avoid liability under a public and product liability policy: Zurich Insurance PLC v Maccaferri Limited [2016] EWCA Civ 1302. At first instance, … Continue reading

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Filed under Contract, Miscellaneous

Supreme Court rules approval of Parliament needed to trigger Article 50

In a landmark constitutional law ruling, the Supreme Court today held (by a majority of 8 to 3) that the UK Government cannot trigger Article 50 of the Treaty on the European Union without an Act of Parliament authorising it … Continue reading

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Filed under Miscellaneous

Court of Appeal decision confirms high threshold for fraud requirement in a common law derivative action in the LLP context

A recent Court of Appeal decision provides a useful reminder of the limited scope of the exceptions to the rule in Foss v Harbottle in common law derivative actions, which continue to apply to limited liability partnerships (LLPs) as they are … Continue reading

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Filed under Collective actions, Miscellaneous