As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called Arkin cap to limit a commercial funder’s liability to the amount of the funding it had provided. The decision confirms that the Arkin cap is not a binding rule, and the court retains a broad discretion … Read more
The Court of Appeal’s recent decision in The Civil Aviation Authority v The Queen on the application of Jet2.com Ltd [2020] EWCA Civ 35 found that legal advice privilege (LAP) is subject to a “dominant purpose” test, and also considered how LAP applies in the context of multi-addressee emails which include both lawyers and non-lawyers … Read more
This annual contract law update from our corporate team considers a number of interesting contract law cases from 2019 which highlighted key points for those involved in drafting or managing contracts. The cases chosen deal with formation and certainty of terms, interpretation and implied terms, good faith, severance, loss and remedies, penalties, force majeure, notice provisions, … Read more
We are pleased to release the latest issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Topics covered in this issue include: Spotlight on recent developments The new Hague Judgments Convention: A potential gamechanger (eventually) Obtaining evidence from US-connected entities: US court widens … Read more
We have today launched our new series of commercial litigation update podcasts, looking at developments in civil procedure that will be of interest to in-house lawyers and others who deal with litigation in the English courts. In this first episode we look at recent developments in disclosure and privilege. This episode is hosted by Anna … Read more
Our competition litigation team’s overview of collective damages claims in competition cases in the UK has recently been published as part of Global Competition Review’s new Guide to Private Litigation. The rest of the Guide is available for free to GCR subscribers here. The HSF chapter considers the current trends in collective or class actions and … Read more
As another eventful year comes to a close – and we wait for the results of the UK general election later this week which will of course have significant implications for English litigation insofar as it determines the question of when or whether the UK will leave the EU – we take this opportunity to … Read more
On Monday 9 December (1-2pm UK time), Harry Edwards, Ceri Morgan and Sarah Penfold will deliver a webinar for Herbert Smith Freehills clients and contacts looking at the judgment in the Lloyds/HBOS litigation, Sharp v Blank [2019] EWHC 3078 (Ch), which was handed down by the High Court on 15 November. Herbert Smith Freehills acted … Read more
On Wednesday 27 November (1-2pm UK time), Anna Pertoldi, Maura McIntosh and Jan O’Neill will deliver a webinar for Herbert Smith Freehills clients and contacts looking at developments in commercial litigation since our last update webinar, in April this year. The webinar will focus on lessons learned from decisions in areas such as privilege, without prejudice, disclosure, default judgments, … Read more
