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High Court provides guidance on waiver of sovereign immunity
In a recent decision, the High Court considered the scope of sovereign immunity provided by section 1 of the State Immunity Act 1978 (the “1978 …
Article published on dealing with distressed companies
Recent developments, including proposed changes to the UK insolvency regime, present an increasing number of pitfalls for parties involved in the …
A litigator’s yearbook: 2014 (England and Wales)
As another year comes to an end, it is a good time to look back on 2014 and consider the changes it has brought. Below is our summary of some of the …
UK Supreme Court considers proper approach to awarding compensation for breach of trust in a commercial context
The Supreme Court has confirmed that equitable compensation for breach of trust in the context of a commercial transaction, and in the absence of fraud, …
US: Herbert Smith Freehills obtains important decision for non-US banks which maintain a branch office in New York
In a case of first impression in the New York state courts – Gliklad v. Bank Hapoalim, B.M., No. 155195/2014 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 11, …
Court of Appeal considers when a person may be a de facto or shadow director
In a recent decision, the Court of Appeal upheld a finding that a director of a holding company had not become a de facto or shadow director of its …
Supreme Court corrects "wrong turn" in English law, holding that bribes received by an agent are held on trust for the principal
Who is the rightful owner of a bribe? Is a bribe or secret commission received by an agent "held on trust" for his principal? Or is the principal's claim …
Court of Appeal confirms account of profits available as remedy for dishonest assistance
Some, if not quite born trustees, are appointed as such at the outset of a trust. Some achieve trusteeship at some later stage. And some have some …
Commercial Court considers when contracting party may have duty to make disagreement known
The Commercial Court has recently considered when a party may have a duty to correct a mistake or assumption by its counterparty under the principle of …
High Court holds anonymous hearsay evidence will usually be inadmissible in professional disciplinary proceedings
In a recent decision, the High Court has held that in general it would be unfair to admit "potentially significant" anonymous hearsay evidence in …
New York High Court rejects novel cause of action for medical monitoring
For many years, plaintiffs in United States courts have sought to avoid established limits on tort claims, and to recover compensation even when …
Update on defamation legislation - coming into force 1 January 2014
On 1 January 2014, four important legislative changes concerning the law of defamation will come into force including the Defamation Act 2013. Click here …
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