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

A litigator’s yearbook: 2016 (England and Wales)

2016 has been an eventful year on any measure. While it may not be remembered principally for developments relating to commercial litigation, there has been a lot of activity on this front as well. In this post we look back … Continue reading

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Filed under Miscellaneous

Court refuses permission for derivative action to proceed following risk/benefit analysis

The High Court has refused permission for two members of a company to continue a derivative action despite there being (at least) a prima facie case against one of the company's directors. The court conducted a risk/benefit analysis and concluded … Continue reading

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Filed under Collective actions, Miscellaneous

Government loses round one of Brexit legal challenge as High Court rules that the approval of Parliament is required to trigger Article 50

In a landmark constitutional law ruling, the High Court yesterday ruled that the UK Government cannot trigger Article 50 without the approval of Parliament: R (Miller) v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin). The ruling … Continue reading

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Filed under Miscellaneous

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 The Deal Through' for the launch of the first edition of the guide to Financial Services Litigation … Continue reading

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Filed under Announcements, Miscellaneous