Litigation Notes

A no-deal Brexit: The implications for disputes

Upcoming webinar - Cross Border Litigation Update

On Wednesday 27 February 2019 (1.00 - 2.00pm GMT), Anna Pertoldi and Gary Milner-Moore will deliver the latest in our series of …

Article published - No-deal Brexit and disputes: what do parties need to know?

If the UK leaves the EU without a deal on 29 March, what impact will that have on court proceedings? Different questions arise depending on the stage …

Brexit, deal or no deal: a litigator's perspective

Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for …

Court will ordinarily apply English law in absence of evidence of relevant foreign law, unless defendant shows it would be inappropriate to do so

The High Court has held that where a claim was, in principle, governed by foreign law, but the claimant had not pleaded or proved the content of that …

Brexit "no deal" notice on jurisdiction and enforcement of judgments

As part of its second batch of "no deal" technical notices, the government has today published a guidance notice entitled: Handling civil legal cases …

New podcast - English governing law and jurisdiction clauses after Brexit

On the new Herbert Smith Freehills Podcast channel, Anna Pertoldi, Maura McIntosh and Tom Henderson discuss what businesses need to know about the …

Brexit White Paper reiterates aims for civil judicial cooperation

The UK government has today published its White Paper detailing its proposal for the future relationship between the UK and the EU. The short section on …

UK publishes framework for UK-EU partnership on civil judicial cooperation

On 13 June, the UK government published a presentation setting out its proposals for continued judicial cooperation once the UK leaves the EU. The …

Dispute resolution clauses: Putting yourself in the best position

All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the …

Choice of law, jurisdiction and enforcement of judgments post-Brexit: No surprises in EU's draft withdrawal agreement

So far as choice of law, jurisdiction and enforcement of judgments are concerned, the EU's draft withdrawal agreement, published last week, is largely …

Cross-Border Litigation - international perspectives

We are pleased to publish the second issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical …