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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 …
Court of Appeal clarifies guidance on "serious harm" requirement under Defamation Act 2013
In an important decision for the law of defamation, the Court of Appeal has clarified the meaning and effect of the requirement to show “serious …
Privacy at work: Limits on employers' ability to monitor private communications
The Grand Chamber of the European Court of Human Rights' (ECtHR) ruling in Barbulescu v Romania (61496/08) is a timely reminder of the limits of …
Recast European Insolvency Regulation introduces new jurisdiction rules for insolvency-related claims
As a result of the Recast European Insolvency Regulation ("REIR"), which applies to insolvency proceedings commenced since 26 June this year, insolvency …
Court of Appeal confirms no tortious duty of care owed to customers in connection with the FCA past business review
A recent Court of Appeal decision has clarified that financial institutions do not owe duties of care in tort in connection with their conduct of the …
Global Pound Conference series - new online voting system now open
The Global Pound Conference (GPC) series concluded on 6 July, with the final conference held at the Guildhall in London. This landmark …
CJEU limits situations in which insolvency laws relating to transaction avoidance may override Parties' contractual choice of law
In a recent judgment, the Court of Justice of the European Union (CJEU) confirmed the extent to which an English law governed contract can be subject to …
Managing risk: a disputes perspective (2017)
Herbert Smith Freehills recently held its annual disputes client conference exploring some key legal and compliance risks facing major corporates. The …
Subject access request may be used to obtain information for purposes of litigation
The Court of Appeal has recently ordered an English law firm which acted for trusts governed by Bahamian law to comply with a subject access request …
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