Reliance on term of “without prejudice” offer waived privilege in rest of offer

In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for the court to be shown a Part 36 offer that had been made in relation to the current action as well as a related ongoing action: Virgin Atlantic Airways Limited v Jet Airways (India) Limited and others [2012] … Read more

A litigator’s yearbook: 2012 (England and Wales)

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

Reforms to Brussels Regulation now finalised

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

No property right in the contents of an e-mail

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

Supreme Court upholds Norwich Pharmacal order in face of competing data protection rights

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

Court of Appeal confirms modern approach to contractual construction

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

Our first annual disputes client conference: Trends in international dispute resolution

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