Article published – Compulsory ADR: a commercial litigation perspective

The English courts have for many years recognised the benefits of ADR and encouraged parties to engage in it. That endorsement has become all the more pronounced with recent statements by the Master of the Rolls to the effect that there is nothing “alternative” about ADR. In this regard an issue which arises, and has … Read more

Commercial litigation podcast series – Episode 13: General update

In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … Read more

Article published – Draft judgments: navigating the embargo

Where the court is to hand down a reserved judgment, the usual practice is for the parties and their legal representatives to receive the judgment, on confidential terms, a couple of days beforehand – referred to as receiving the judgment under embargo. The consequences of breaching the embargo can be dramatic, not least because it … Read more

Drafting contracts – key lessons from 2021: briefing and webinar

Our corporate team’s recently published annual contract law update briefing considers a number of interesting contract law cases from 2021 which highlighted key points for those involved in drafting or managing contracts. On Wednesday 23 February 2022 (1.00 – 1.45pm UK time), James Baily, Sarah Pollock and Julie Farley will deliver a webinar to clients and … Read more

Third edition of Class Actions in Australia launched today

Herbert Smith Freehills is today launching the third edition of its successful textbook, Class Actions in Australia. Written by lawyers from the firm and published by Thomson Reuters, it offers complete coverage of class action law in Australia, from commencement through to choice of forum, opting out, conduct, trial, settlement, costs and funding. The text has … Read more

Commercial litigation podcast series – Episode 12: General update

In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had … Read more