Service Permissible via Twitter

In the recent case of Blaney v Persons Unknown (October 2009), the English court demonstrated a willingness to move with the times and made an order permitting alternative service of an injunction via Twitter, the popular social networking website. No… Read more

Electronic disclosure – ignore rules at your peril

Earles v Barclays Bank Plc [2009] EWHC 2500 provides a clear reminder to litigants to undertake proper electronic disclosure. The judge made clear in the starkest terms that Practice Direction 31 2A (electronic disclosure) "is in the Civil Procedure Rules… Read more

Government proposes class actions for financial services

The Government has introduced a Financial Services Bill to Parliament, which includes provision for collective actions in the financial services sector. If the Bill is passed,  these measures have the potential to transform the way in which parties can pursue… Read more

House of Lords ruling on ‘without prejudice’

The ruling of the House of Lords in Ofulue v Bossert [2009] UKHL 16 highlights the wide protection provided by the without prejudice rule to parties who engage in genuine settlement negotiations. It also emphasises the importance of the public… Read more

Class action reform: a business perspective

Herbert Smith LLP held a client event on 14 May 2009 to present the findings of our research in which we canvassed the views of a cross-section of large corporates and institutions likely to be affected by any new collective… Read more

Penalty clauses – recent cases

It is often difficult for contract drafters to know whether a term which provides for financial consequences of a certain event will be construed as a liquidated damages clause or a penalty clause. There have however been a number of… Read more

Are the English courts ready for service through Facebook?

On 16 December 2008, a judge in the Australian Capital Territory Supreme Court permitted service of a default judgment via the social networking site, Facebook: MKM Capital Property Limited v Corbo and Poyser (No. SC 608 of 2008). No written judgment… Read more