Pre-contractual statements: When can they come back to bite you?

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

Article published – GDPR in the context of litigation

Among the extensive discussion of the General Data Protection Regulation (GDPR) over the past two years, one area where there has been a marked lack of detailed practical guidance is the question of how it applies in the context of conducting litigation. This may be in part because the issues are not straightforward. In many … Read more

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