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

The Court of Appeal has upheld a decision that there was no good reason to validate service retrospectively where the claimant’s solicitors had purported to serve proceedings on the defendant’s solicitors shortly before the claim form expired without first confirming that the solicitors were instructed to accept service: Woodward v Phoenix Healthcare Distribution Ltd [2019] … Read more

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 jurisdiction to the chosen court. The dispute related to an individual contract of employment and the jurisdiction agreement had not been entered into after the particular dispute had arisen, as … Read more

Launch of our new Banking Litigation blog

Herbert Smith Freehills has launched a new Banking Litigation blog, which you can find at or via the “More blogs” link above. The new blog contains updates on the latest developments relating to banking litigation topics, drawing on the experience of our banking litigation team in working with clients on some of the largest, highest profile … Read more