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High Court finds entire agreement clause did not exclude liability for misrepresentation
The High Court has held that an entire agreement clause in a commercial contract did not exclude liability for misrepresentation under section 2(1) of …
High Court finds companies' assets not subject to freezing order against shareholder
The High Court has varied a worldwide freezing order by removing language in the order which would have frozen the assets of companies owned by the …
CJEU finds abuse of dominance claims may come within jurisdiction clause
The European Court of Justice (CJEU) has ruled that a jurisdiction clause could apply to claims alleging abuse of a dominant position, contrary to …
Court of Appeal confirms appropriate means for challenging judgment allegedly obtained by fraud
The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the …
Witness evidence working group: survey on current rules and some radical alternatives
A working group was set up earlier this year, led by Mr Justice Popplewell, to review the current rules and practice and make recommendations for …
Court will ordinarily apply English law in absence of evidence of relevant foreign law, unless defendant shows it would be inappropriate to do so
The High Court has held that where a claim was, in principle, governed by foreign law, but the claimant had not pleaded or proved the content of that …
High Court finds SFO can compel production of documents held by foreign company outside the jurisdiction
In a recent decision in the context of a judicial review, the High Court held that the SFO was able to compel a foreign company to produce documents …
Handy client guide to class actions in England and Wales
Herbert Smith Freehills has launched a series of short guides to class actions in England and Wales. The first two editions, (i) Overview of class …
Applying the Hague Choice of Court Convention post-Brexit
The government has set out how it plans, in the event of a "no deal" Brexit, to ensure that the UK will continue to apply the Hague Choice of Court …
Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege
In a recent decision, the High Court has held that an in-house lawyer's communications with an employee of the business, who was accepted to be her …
Service Regulation and Taking of Evidence Regulation will cease to apply post-Brexit
The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation …
Time limit for serving claim form will not run during stay of proceedings
In a recent decision, the Court of Appeal held that a stay of proceedings applies to the service of the claim form in the same way that it applies to any …
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