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Court of Appeal decision confirms high threshold for fraud requirement in a common law derivative action in the LLP context
A recent Court of Appeal decision provides a useful reminder of the limited scope of the exceptions to the rule in Foss v Harbottle in common law …
A litigator's yearbook: 2016 (England and Wales)
2016 has been an eventful year on any measure. While it may not be remembered principally for developments relating to commercial litigation, there has …
Court refuses permission for derivative action to proceed following risk/benefit analysis
The High Court has refused permission for two members of a company to continue a derivative action despite there being (at least) a prima facie case …
Government loses round one of Brexit legal challenge as High Court rules that the approval of Parliament is required to trigger Article 50
In a landmark constitutional law ruling, the High Court yesterday ruled that the UK Government cannot trigger Article 50 without the approval of …
Herbert Smith Freehills sponsors and contributes chapters to the recently published First Edition of Getting the Deal Through – Financial Services Litigation 2016
In the light of the global growth of litigation in the financial sector following the financial crisis, Herbert Smith Freehills has sponsored 'Getting …
Guide to Dispute Resolution in Africa: 2nd edition
Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising …
Client event: London launch of HSF Guide to Dispute Resolution in Africa, second edition. Locking Horns in Africa? Let us Be Your Guide
Herbert Smith Freehills is delighted to invite clients to the London launch event of the second edition of our Guide to Dispute Resolution in …
Supreme Court decision highlights importance of contract terms in protecting principal from agent's insolvency
The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent's insolvency: …
Better rights against insurers of 'insolvent' entities - finally here
The Third Parties (Rights against Insurers) Act 2010 will come into force on 1 August 2016, replacing the current legislation (which dates from 1930) and …
Supreme Court rules that a "collateral lie" is immaterial to an insurance claim
In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and Others [2016] UKSC 45, the Supreme Court held that policyholders who …
Supreme Court reformulates test for when a claim will fail due to illegality
The Supreme Court has established a new approach to the question of whether a defendant will be able to rely on the defence of illegality: Patel …
Managing risk: a disputes perspective
This recent Herbert Smith Freehills conference, which was attended by over 90 clients, explored some key legal and compliance risks facing major …
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