In a recent case the High Court has considered its discretion to require disclosure of documents relating to a previous expert’s views when granting a party permission to adduce evidence from a new expert: The University of Manchester v John McAslan & Partners Ltd [2022] EWHC 2750. The court was satisfied that this was not … Read more

The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic conflict of laws rules indicate that the contribution claim in question is governed by English law: The Soldiers, Sailors, Airmen and Families Association – Forces Help v Allgemeines Krankenhaus Viersen GmbH [2022] … Read more

The Court of Appeal has held that the identity of those instructing lawyers on behalf of a corporate client are not generally protected by litigation privilege: Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) [2022] EWCA Civ 1484. In doing so it largely agreed with the reasoning of the High Court, as … Read more

44th FA MANN LECTURE PROFESSOR CAMPBELL MCLACHLAN KC – “FOREIGN RELATIONS LAW REVISITED” 30 November 2022 The Old Hall, Lincoln’s Inn, London The 44th of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London on 30 November 2022. This series of lectures is arranged by the … Read more

A second edition of our text on class actions in England and Wales, co-authored by Herbert Smith Freehills lawyers, has been published in the UK by Sweet & Maxwell. It has been edited by Damian Grave, Maura McIntosh and Gregg Rowan and co-authored, in addition, by partners Greig Anderson, Neil Blake, Simon Clarke, Julian Copeman, … Read more

The Court of Appeal has held, by a majority, that a shipowner was not entitled to rely on a force majeure clause in a shipping contract where its charterer’s parent company became subject to US sanctions: MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406. The decision turned on the wording of the force … Read more

A much-anticipated Supreme Court judgment has confirmed the position as to when directors owe obligations to consider the interests of creditors, dismissing an appeal against the Court of Appeal decision in this case: BTI v Sequana [2022] UKSC 25. In its decision, a majority of the Supreme Court has: affirmed the existence of the duty … Read more

A recent High Court decision has highlighted a number of issues relating to injunctions against “Persons Unknown”, and specifically the fact that these orders have the potential to catch “newcomers” – people who did not fall within the defined category of “Persons Unknown” at the time the injunction was made but are subsequently brought within … Read more