Announcements

Article published – ENRC privilege decision: welcome news but difficulties remain

The Court of Appeal’s recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006 (ENRC) has, helpfully, departed from the High Court’s overly strict approach to questions of litigation privilege. However, it has left … Continue reading

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Filed under Announcements, Privilege

Article published – Class actions in England and Wales: key practical challenges

Damian Grave, Gregg Rowan and Maura McIntosh have published an article in PLC Magazine looking at how claims by large groups of claimants are litigated in England and Wales and considering some key practical challenges that can arise for both claimants … Continue reading

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Article published – Choosing a jurisdiction clause with Brexit on the horizon

With the uncertainties surrounding Brexit, it can be difficult to know what dispute resolution clause to choose to govern commercial contracts that will continue in force once the UK leaves the EU next March, particularly where it may be necessary … Continue reading

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Filed under Announcements, Enforcement, Jurisdiction

Herbert Smith Freehills contributes England and Wales chapter of The Securities Litigation Review

Securities litigation presents an increasing threat to UK corporates, with the potential for both regulatory action and civil claims by investors seeking recovery of losses suffered as a result of investing in applicable securities. Karen Anderson and Harry Edwards have … Continue reading

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Filed under Announcements, Class actions, Miscellaneous

Article published on how in-house lawyers can tackle the increasing threat of class actions in the English courts

Class actions represent an increasing area of risk for UK corporates, with increasing numbers of high-profile and high-value group claims being brought, or threatened to be brought, in the English courts. The principal mechanism used to litigate these claims differs … Continue reading

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Article published – Damages-Based Agreements: A chance to make them work?

The government has recently launched its post-implementation review of the key legislation that implemented the Jackson reforms, including the introduction of damages-based agreements (or DBAs), back in April 2013: Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (LASPO). … Continue reading

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Our new book launched today: Class Actions in England and Wales

Herbert Smith Freehills is today launching a new textbook, Class Actions in England and Wales. Written by lawyers from the firm and published by Sweet & Maxwell, it aims to become an essential resource for those bringing or defending class … Continue reading

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Article published – If the cap fits

In a decision late last year, the Court of Appeal considered the interpretation of a provision which purported to cap the liability of a provider of IT systems for defaults occurring at different stages of the contract. In contrast to … Continue reading

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Filed under Announcements, Contract

Global Pound Conference report published

The Global Pound Conference series – a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century – brought together over 4000 dispute resolution stakeholders, at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills, … Continue reading

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Filed under ADR, Announcements

Managing risk: A disputes perspective (2018)

Herbert Smith Freehills recently held its annual disputes client conference exploring some key legal and compliance risks facing major corporates. The event was attended by close to 100 clients. After opening remarks by Damien Byrne Hill, head of dispute resolution for … Continue reading

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