On Tuesday 30 October (12.30 – 1.30pm GMT), 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 consider… Read more

The Court of Appeal's recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006 (ENRC) has, helpfully, departed from the High Court's overly strict approach to questions of litigation privilege. However, it has left… Read more

Julian Copeman and Maura McIntosh have published an article in PLC Magazine looking at the new disclosure rules that are due to be piloted in the Business and Property Courts for two years starting in January 2019. The article outlines the key provisions… Read more

Damian Grave, Gregg Rowan and Maura McIntosh have published an article in PLC Magazine looking at how claims by large groups of claimants are litigated in England and Wales and considering some key practical challenges that can arise for both claimants… Read more

With the uncertainties surrounding Brexit, it can be difficult to know what dispute resolution clause to choose to govern commercial contracts that will continue in force once the UK leaves the EU next March, particularly where it may be necessary… Read more

Securities litigation presents an increasing threat to UK corporates, with the potential for both regulatory action and civil claims by investors seeking recovery of losses suffered as a result of investing in applicable securities. Karen Anderson and Harry Edwards have… Read more

Class actions represent an increasing area of risk for UK corporates, with increasing numbers of high-profile and high-value group claims being brought, or threatened to be brought, in the English courts. The principal mechanism used to litigate these claims differs… Read more

The government has recently launched its post-implementation review of the key legislation that implemented the Jackson reforms, including the introduction of damages-based agreements (or DBAs), back in April 2013: Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (LASPO).… Read more

Herbert Smith Freehills is today launching a new textbook, Class Actions in England and Wales. Written by lawyers from the firm and published by Sweet & Maxwell, it aims to become an essential resource for those bringing or defending class… Read more

In a decision late last year, the Court of Appeal considered the interpretation of a provision which purported to cap the liability of a provider of IT systems for defaults occurring at different stages of the contract. In contrast to… Read more

The Global Pound Conference series – a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century – brought together over 4000 dispute resolution stakeholders, at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills,… Read more

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 Damien Byrne Hill, head of dispute resolution for… Read more

On Wednesday 18 April (12.30 – 1.30pm BST), 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 October last year. The… Read more

On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to consultation late last year. The interim report expresses concerns regarding a perceived underuse of ADR and suggests… Read more

Late last year, a disclosure working group chaired by Lady Justice Gloster published proposals for disclosure reform, including a completely new rule to govern the disclosure of documents in English litigation. The proposals are subject to consultation until the end of… Read more

It is well established that, where a third party funds litigation in return for a share of the proceeds, the funder is potentially liable for adverse costs if the claim fails. That liability is generally thought to be subject to the… Read more

It is easy to fall into the trap of thinking that the Brussels jurisdiction regime applies to EU domiciled defendants and the common law rules apply to everyone else, so that you need the court's permission to serve proceedings on… Read more

On Tuesday 10 October (12.30 – 1.30pm BST), 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 update webinar in March this year. The webinar will… Read more

Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian… Read more

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… Read more

The Civil Procedure Rule Committee has approved amendments to Practice Direction 35.11, which governs the procedure for concurrent expert evidence, or "hot-tubbing", which was formally introduced into English civil procedure by the Jackson reforms. The amendments implement a number of… Read more

On Thursday 29 June (1.00 – 2.00pm UK time) we will present the second in our series of webinars for Herbert Smith Freehills clients and contacts spotlighting legal and practical issues relevant to litigating cross-border disputes. In this webinar: Thomas Riley,… Read more

As formal Brexit negotiations have now started, Herbert Smith Freehills is pleased to announce the launch of its new Brexit Notes blog, where you will find articles and updates on the latest Brexit developments.  As well as reporting on new… Read more

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… Read more

The Herbert Smith Freehills Global Construction and Infrastructure Disputes Practice has published the inaugural issue of its new publication "Inside Construction and Infra". This showcases the expertise of our leading construction and infrastructure disputes lawyers, giving our clients the benefit of their experience… Read more

The past few years have provided an abundance of case law on contractual interpretation, including cases at the highest levels. These have sometimes appeared to pull in different directions, particularly on the respective roles of natural meaning and "business common sense" in… Read more

Herbert Smith Freehills has published the first issue of a new periodic publication "Cross-Border Litigation", designed to highlight legal and practical issues specific to litigation with an international aspect. The publication will tap into the expertise of the firm's leading commercial… Read more

Recent reports from Parliament have identified the problems and risks that could arise post-Brexit if the current rules on choice of law and jurisdiction no longer apply, and there are no acceptable replacements negotiated. But are clients turning away from English choice of law… Read more

On Wednesday 15 March (12.45 – 1.45pm GMT), 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 update webinar in November last year. We will discuss the… Read more

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… Read more