Our Asia Pacific Guide to Privilege has recently been launched, including a new chapter on England and Wales and a question added to each of the other chapters comparing the position on privilege to the English law position. Compiled by our network of Herbert Smith Freehills lawyers and trusted local counsel, the updated Guide takes … Read more
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in the circumstances that have come about. If the parties cannot resolve the issue, the court may be called on to interpret the contract. Where … Read more
Legal professional privilege is recognised as a fundamental human right, which serves an important public interest in allowing parties to take legal advice, and prepare for litigation, without fear that what they say may later be disclosed and used against them. But the English law of privilege has developed in ways that many clients and … Read more
Damien Byrne Hill, our head of dispute resolution for the UK and US, reflected on the past challenges and future priorities for the CPR at a conference held at Mansfield College in Oxford last week to mark the 20 year anniversary of the CPR. Damien’s remarks were based on the results of an exercise to … Read more
Herbert Smith Freehills has launched a new Banking Litigation blog, which you can find at https://hsfnotes.com/bankinglitigation 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
Herbert Smith Freehills has launched a new Civil Fraud and Asset Tracing blog, which you can find at https://hsfnotes.com/cf or via the “More blogs” link above. This blog contains the latest legal and practice developments in relation to civil fraud in England, and other jurisdictions. You can subscribe to the blog by entering your e-mail address … 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 the UK and US, there were presentations on the impact of data on disputes, … Read more
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the necessary contractual intention is lacking. Conversely, a binding agreement might be reached despite appearances to the contrary, for example where parties commence work before a formal agreement is signed. In this first of … Read more
