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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 …
High Court orders personal injury defendant to disclose insurance details
In a recent decision, the High Court ordered disclosure of the defendant's insurance arrangements in the context of a personal injury claim where the …
Our latest UK Banking Litigation Update published
We have published our latest Banking Litigation Update, summarising some of the more important cases and developments affecting UK financial institutions …
Article published on practical lessons for cross-border insolvency
Upon the insolvency of a foreign counterparty, recent judgments of the Supreme Court and Privy Council require an English party to navigate a complex …
Article published on derivative claims and unfair prejudice petitions
Following the financial crisis of 2007 there has been a growing trend of shareholder activism in the UK, which looks set to increase in the foreseeable …
Risks of US claims arising from acts of third parties in supply chain
In recent years, we have seen increasing efforts to hold multinational companies legally responsible for acts conducted abroad, particularly in emerging …
Article published on risk of parallel prospectus liability claims in different EU jurisdictions
Issuers of listed securities will be conscious of their exposure to prospectus liability claims in the UK and elsewhere in the EU. The prospect of facing …
The Board's responsibility to manage risk: Key legal and compliance issues – A disputes perspective
At this recent conference, held by Herbert Smith Freehills and attended by close to a hundred clients, we explored some key legal and compliance risks …
Supreme Court takes restrictive approach to the opening of secondary proceedings in England under EC Insolvency Regulation
The Supreme Court has held that, in order to open secondary proceedings in England under EC Regulation 1346/2000 on Insolvency Proceedings, the company's …
Article published on directors and corporate information
Within the boardroom, the management of information is of crucial importance, particularly where directors are appointed by a single shareholder under …
US Supreme Court weighing proposals to curtail scope, burden and uncertainty of discovery in US Federal Court
Joe Falcone has published an article in Financier Worldwide addressing proposed amendments to the US Federal Rules of Civil Procedure, which govern civil …
Insurance Act receives royal assent
The Insurance Act yesterday received royal assent, paving the way for the most significant change to English insurance contract law in over 100 years. …
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