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Supreme Court hearing on jurisdiction issues in VTB Capital
Starting today, the Supreme Court will hear an appeal against the Court of Appeal's judgment in VTB Capital plc v Nutritek International …
Webinar alert - Remedies for breach of contract and limitation and exclusion clauses
On Thursday 15 November (12:45 to 1:45 UK time) Nicholas Peacock and Julie Farley will present a live audio webinar …
Supreme Court hearing in Prudential starts today
The Supreme Court is set to hear Prudential's appeal against the Court of Appeal's much-publicised decision from October 2010 which …
High Court declines to impose costs sanctions for refusal to mediate
In a recent decision, the High Court held that a successful defendant was not unreasonable to refuse mediation and should not be penalised in costs on …
UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants
In Rubin v Eurofinance SA [2012] UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal's unanimous decision and held that the …
Part 36 offers in context of counterclaims and negative declarations
A recent High Court judgment highlights the scope for confusion in applying Part 36 in a case where the formal roles of claimant and defendant do …
Court of Appeal overturns finding that customer's investment loss was too remote
The Court of Appeal has overturned a first instance judgment that a customer's loss on his investment was too remote to be recoverable. It said the judge …
Commercial Court upholds "no set-off" clause
In a recent decision, the Commercial Court granted summary judgment on a seller's claim for approximately US$12 million as the price due under a …
Court of Appeal rules on service out of the jurisdiction in support of negative declaratory proceedings
The Court of Appeal has upheld a Commercial Court decision which declined to set aside an order for service out of the jurisdiction granted on a claim by …
Launch of our new ADR blog: "ADR notes"
We have today launched Herbert Smith Freehills' new "ADR notes" blog, which you can find at www.hsf-adrnotes.com or via the link in the …
Court of Appeal amends timing of 10% increase in general damages: no double whammy for defendants
In response to an application by the Association of British Insurers, the Court of Appeal has amended its previous guidance that the 10% increase in …
50% cap on contingency fees for commercial cases
The government has given further details of its plans to introduce contingency fees, or “damages based agreements” (DBAs), for civil litigation. It has …
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