A litigator’s yearbook: 2015 (England and Wales)

In this post we look back at some of the key developments of 2015 from the perspective of the commercial litigator, covering a range of topics including contract law, privilege, settlement, jurisdiction and various aspects of court procedure. We hope you will… Read more

Article published on jurisdiction rules applying to claims against directors

A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against directors who are also employees of a company. Andrew Taggart, Anna Pertoldi and Donny Surtani have published an article which considers when the special employment jurisdiction rules… Read more

Article published on Hague Choice of Court Convention

The Hague Convention on Choice of Court Agreements, which came into force on 1 October 2015, aims to uphold jurisdiction clauses and to make judgments obtained under those clauses easier to enforce. At the moment the Convention is of limited application,… Read more

Article published on the new rule on penalties under English law

Much interest has been generated by the Supreme Court's decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Limited v Beavis [2015] UKSC 67, which introduced a new test for when a contractual provision will be considered penal and therefore unenforceable. David Nitek and Maura McIntosh… Read more

Supreme Court rewrites English law rule on penalties

In a judgment handed down this morning, the Supreme Court has in effect re-written the rule on penalties, saying that the underlying rationale of the rule in English law has been misunderstood and that as a result the rule has… Read more

Upcoming webinar – Breach of confidence

On Wednesday 21 October (12.45 – 1.45pm BST), Alan Watts and Neil Blake will deliver a webinar for Herbert Smith Freehills clients and contacts on the topic of breach of confidence. The webinar will cover: An overview of the principles of confidentiality Discussion of recent case law… Read more

Upcoming webinar – Litigation update

On Wednesday 14 October (12.45 – 1.45pm BST), Anna Pertoldi, Maura McIntosh and Jan O'Neill will deliver a webinar for Herbert Smith Freehills clients and contacts looking at developments in commercial litigation since our update webinar in March, focusing on practical implications for… Read more

New “opt-out” class action for competition claims

As part of a major overhaul of the competition litigation regime in the UK, a new collective redress regime for competition claims will be introduced from 1 October 2015. It will allow collective proceedings to be brought in the Competition Appeal… Read more