A litigator’s yearbook: 2018 (England and Wales)

As the end of another year approaches, we look back at some key developments from 2018 from the perspective of the commercial litigator. This post covers a range of topics such as privilege, disclosure, contract law, jurisdiction and various aspects of court procedure. We hope you will find it a helpful reference. Read more

Data breach class actions – new webinar and “handy client guide”

Herbert Smith Freehills has today released the second in our series of webinars on class actions in England and Wales, this time looking at data protection and privacy issues. In the presentation, Julian Copeman, Harry Edwards, Miriam Everett and Lucy McAlister explain why this area is ripe for class actions, what we have seen so far, … Read more

Witness evidence working group: survey on current rules and some radical alternatives

A working group was set up earlier this year, led by Mr Justice Popplewell, to review the current rules and practice and make recommendations for potential reform of the procedures for factual witness evidence in the Business and Property Courts (the Chancery Division, Commercial Court and Technology and Construction Court). It has launched an online survey … Read more

Handy client guide to class actions in England and Wales

Herbert Smith Freehills has launched a series of short guides to class actions in England and Wales. The first two editions, (i) Overview of class actions in the English courts and (ii) Group Litigation Orders (GLOs), have been published here. Future editions in the series will also be posted on that page. These topics have also … Read more

Upcoming webinar – Litigation update

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 the implications of the Court of Appeal’s decision in the high profile ENRC case on … Read more

Article published – ENRC privilege decision: welcome news but difficulties remain

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 intact the problematic approach to the question of who is the “client” for the purposes … Read more

Article published – Pilot of new disclosure rules: a change for the better?

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 and considers how much impact they are likely to have, as well as considering the … Read more

Article published – Class actions in England and Wales: key practical challenges

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 and defendants. Click here for a copy of the article, which first appeared in the September … Read more

Article published – Choosing a jurisdiction clause with Brexit on the horizon

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 to enforce any judgment in an EU member state should a dispute arise. Anna Pertoldi has … Read more