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CPR at 20 anniversary conference – a practitioner's perspective on the first twenty years of the Civil Procedure Rules
Damien Byrne Hill, our head of dispute resolution for the UK and US, reflected on the past challenges and future priorities for the CPR at a conference …
Supreme Court clarifies meaning and effect of “serious harm” requirement under Defamation Act 2013
The Supreme Court has held that the requirement to show "serious harm" under section 1(1) of the Defamation Act 2013 not only raises the threshold of …
Court of Appeal confirms Morrisons vicariously liable for employee's deliberate actions in first successful UK class action for data breach
The Court of Appeal has today dismissed an appeal against the High Court's decision that Morrisons was vicariously liable for its employee’s …
Court of Appeal applies rigorous approach to assessing purpose element of claims to set aside transactions defrauding creditors
Despite evidence that a defendant knew he was facing potential proceedings which could bankrupt him, at the time he transferred assets to his son, the …
Herbert Smith Freehills contributes England and Wales chapter of The Securities Litigation Review
Securities litigation presents an increasing threat to UK corporates, with the potential for both regulatory action and civil claims by investors seeking …
Court of Appeal finds non-shareholder creditor's claim barred by rule against reflective loss
In a recent decision, the Court of Appeal has clarified the ambit of the so-called rule against reflective loss, which has traditionally operated to …
Managing risk: A disputes perspective (2018)
Herbert Smith Freehills recently held its annual disputes client conference exploring some key legal and compliance risks facing major corporates. The …
Court of Appeal considers when material posted on Facebook is published for the purposes of defamation
The Court of Appeal has rejected an argument that there is a need to "rebalance" the law of defamation in favour of defendants by imposing a …
PAG v RBS: Court of Appeal dismisses swaps mis-selling and libor manipulation claims
In its first substantive decision on allegations of LIBOR manipulation and interest rate hedging product mis-selling, the Court of Appeal has dismissed …
A litigator's yearbook: 2017 (England and Wales)
As we see another year out, it's a good time to look back at what 2017 has had in store. In this post we summarise some of the key developments from …
High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)
The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway …
Supreme Court restates test for dishonesty in criminal proceedings
The Supreme Court has held that the correct test for dishonesty in criminal proceedings is whether or not the defendant's conduct is dishonest by the …
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