What does your contract mean? How the courts interpret contracts

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

Launch of our new Banking Litigation blog

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

Launch of our new Civil Fraud and Asset Tracing blog

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

Managing risk: A disputes perspective (2019)

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

When do you have a binding contract? It may be more (or less) often than you think

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