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
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But it is becoming increasingly common for parties to agree terms requiring them to act in “good faith”, or similar. Even where no such term is expressed … Read more
As explained in this previous post, a proposed redrafted version of the regulations governing Damages-Based Agreements (DBAs) has recently been published, and addresses many of the key problems with the current regulations, the DBA Regulations 2013. Maura McIntosh has published a post on Practical Law’s Dispute Resolution blog which welcomes the redraft of the regulations … Read more
Herbert Smith Freehills has launched a new Public Law blog, which you can find at https://hsfnotes.com/publiclaw or via the “More blogs” link above. The blog contains our public law team’s latest thinking on recent cases and other key developments in the administrative and public law sphere, including matters relating to professional discipline and freedom of … Read more
Herbert Smith Freehills has today released the fourth in our series of webinars on class actions in England and Wales, looking at insurance issues in class actions. In the presentation Sarah McNally and Greig Anderson discuss how to maximise insurance recoveries when class action risk arises. Clients and contacts of the firm can register to access … Read more
Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements will, no doubt, be both carefully considered and accurate. But as we all know, things can go wrong. Where a pre-contractual statement turns out to be false, the implications can be serious. The counterparty may have a right to unwind the … Read more
As has been well publicised, the new Singapore Convention seeks to establish a global enforcement regime for settlement agreements resulting from mediation in cross-border commercial disputes. Signed on 7 August 2019 by 46 countries, the Convention could feasibly be in operation as early as the first half of next year (it will enter into force six months … Read more
