The High Court has held that a defendant who accepted a Part 36 offer almost a year late should be awarded its costs for the period of delay, reversing the normal costs rule, because of the claimant’s failure to comply with the applicable pre-action protocol: Webb Resolutions Limited v Waller Needham & Green (a firm) … Read more

At this time of year it is traditional to look back over the past 12 months and try to sum up what the year has had to offer. We thought it might be helpful to do the same from a litigator's perspective, and so we have set out below an outline of some of the key developments … Read more

On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation). The changes had been proposed by the European Commission in December 2010 (see post) but were significantly revised before being approved … Read more

A commercial deal has gone wrong.  Not only has this caused contractual issues but regulatory authorities are now investigating.  Crucial information which would help you is in the hands of someone who used to work for your company, in his own personal e-mail account and not on your e-mail servers, but in e-mails which he … Read more

A recent Supreme Court decision clarifies the approach the courts should take in deciding whether to grant Norwich Pharmacal relief in the face of competing data protection rights, and in particular in determining whether the grant of the order satisfies the requirement of proportionality: Rugby Football Union v Consolidation Information Systems Ltd (formerly Viagogo Ltd) … Read more

In a recent decision, the Court of Appeal has found that a clause allocating responsibility for third party claims applied to claims based on intentional wrongdoing, despite the absence of clear words to that effect: Mir Steel UK Ltd v Morris [2012] EWCA Civ 1397. This case should not however be taken to signal a … Read more

On Monday 12 November, we held our first annual Herbert Smith Freehills disputes conference “Trends in international dispute resolution”. Following introductory remarks by global head of dispute resolution Sonya Leydecker, a series of presentations and panel discussions took place on the following topics: Crisis management – preparing for the worst Trends in international arbitration/jurisdiction The … Read more

Herbert Smith Freehills has published a simple guide to the mediation process and what to expect on the day, including a useful flow chart: Practical Guide to Mediation. It is intended principally for non-legal attendees/client representatives and outlines a typical template for a facilitative mediation in the UK. Practices may vary internationally.  If you have any questions or would … Read more