A litigator’s yearbook: 2016 (England and Wales)

2016 has been an eventful year on any measure. While it may not be remembered principally for developments relating to commercial litigation, there has been a lot of activity on this front as well. In this post we look back at some of the key cases and other developments from the perspective of the commercial litigator, covering … Read more

Government loses round one of Brexit legal challenge as High Court rules that the approval of Parliament is required to trigger Article 50

In a landmark constitutional law ruling, the High Court yesterday ruled that the UK Government cannot trigger Article 50 without the approval of Parliament: R (Miller) v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin). The ruling is a victory for the claimants who brought the case against the Government’s position that … Read more

Herbert Smith Freehills sponsors and contributes chapters to the recently published First Edition of Getting the Deal Through – Financial Services Litigation 2016

In the light of the global growth of litigation in the financial sector following the financial crisis, Herbert Smith Freehills has sponsored 'Getting The Deal Through' for the launch of the first edition of the guide to Financial Services Litigation 2016.  The guide charts the growth of litigation in the financial sector worldwide and answers … Read more

Guide to Dispute Resolution in Africa: 2nd edition

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions. Since its publication in 2013, the first edition of the Guide has proved to be an invaluable resource not just for those facing disputes in Africa but for anyone … Read more

Supreme Court decision highlights importance of contract terms in protecting principal from agent’s insolvency

The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent’s insolvency: Bailey and another (Respondents) v Angove’s PTY Limited (Appellant) [2016] UKSC 47. The Supreme Court dismissed the principal’s argument that the payments were held on a constructive trust, but found that … Read more

Better rights against insurers of ‘insolvent’ entities – finally here

The Third Parties (Rights against Insurers) Act 2010 will come into force on 1 August 2016, replacing the current legislation (which dates from 1930) and providing for a less complex procedure for a third party claimant to claim directly against the insurer of an insolvent individual or corporate defendant. The new law will improve the … Read more