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Amended US Federal Rules of Civil Procedure narrow availability of civil discovery and sanctions
Important changes to the US Federal Rules of Civil Procedure (FRCP), which govern the conduct of civil proceedings in US federal district court, will …
Directors' duties owed to company not shareholders when seeking shareholder approval for transaction
In a recent decision in the Lloyds shareholder litigation, the High Court has struck out a number of aspects of the claims against the defendant …
Court of Appeal rejects illegality defence in claim against liquidator
The Court of Appeal has refused to allow a liquidator of a company that was the vehicle for a VAT fraud to rely on the defence of illegality in defending …
Court of Appeal strikes out aspects of cartel claims based on economic torts
In the latest step in the long-running Air Cargo cartel damages saga, the Court of Appeal has struck out a large portion of the claimants' case brought …
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 …
Herbert Smith Freehills takes part in expert forum on data protection and cyber security litigation
Cyber security affects all businesses and industries and is a Board level agenda item. Andrew Moir, a partner in our Intellectual Property team, took …
High Court considers interaction between recast Brussels Regulation, Insolvency Regulation and schemes of arrangement
A recent judgment of the High Court will serve to remind minority, overseas creditors of any company having a substantial connection with England that …
High Court finds multi-party LLP agreements cannot be terminated for repudiatory breach
In a case that will be of interest to those in the fund management industry and all other areas of business in which corporate structures regularly …
Privy Council confirms availability of backward tracing
"Happy is he who can trace effects to their causes", Virgil observed. Well, victims of fraud will certainly be happy with the Privy Council's decision in …
High Court provides guidance on "serious harm" requirement under Defamation Act 2013 and on procedural management of defamation claims
The Defamation Act 2013 introduced a statutory seriousness threshold that must be crossed before a statement can give rise to a claim: "[a] …
Double derivative actions: challenging wrongs done to subsidiary companies
A recent High Court decision provides a useful reminder that the common law "double derivative" action remains available. This gives minority …
Court of Appeal restricts scope for a defendant to reduce its liability for unjust enrichment based on the subjective value of its enrichment
The Court of Appeal has provided guidance on how to value a defendant's benefit in a claim for unjust enrichment: Littlewoods Limited and others v The …
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