All blog posts
Showing 36 out of 116 results
Upcoming webinar - Litigation update
On Tuesday 10 October (12.30 – 1.30pm BST), Anna Pertoldi, Maura McIntosh and Jan O’Neill will deliver a webinar for Herbert Smith Freehills …
PRC signs up to Hague Convention on Choice of Court Agreements
On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements. The Convention provides greater …
Consumer claims to recover allegedly unlawful charges were validly assigned to claimant company
The High Court has found that a company was able to bring a claim in its own name to recover allegedly unlawful charges paid by third …
Court of Appeal upholds injunction to prevent use of privileged information obtained in breach of confidence
In a recent decision, the Court of Appeal has upheld an injunction against a defendant publisher to prevent it using the claimant's privileged …
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 …
High Court decision illustrates limits of the cherry-picking rule
The High Court has concluded that, where a claimant waived privilege in certain emails to rebut a suggestion of recent fabrication, only a small number …
Supreme Court considers extent to which an appellant's relationship with a wealthy third party is relevant in considering whether a payment condition will stifle its appeal
A court may impose conditions when granting permission to appeal. These conditions may include a requirement that the appellant pay money into court …
Court of Appeal clarifies test for establishing existence of assets for freezing injunctions
The Court of Appeal has held that, to obtain a freezing injunction, an applicant must establish either a "good arguable case" or "grounds for belief" …
Court of Appeal considers that merits of claim against anchor defendant are relevant in establishing jurisdiction under Brussels Regulation against co-defendants domiciled in member states
In a recent decision, a majority in the Court of Appeal held, obiter, that the courts should consider the merits of a claim against an "anchor …
Court of Appeal clarifies that "mandatory rules" do not override chosen law in contracts with an international element
In two recent decisions, the Court of Appeal has clarified that Article 3(3) of the Rome Convention does not apply to override the chosen law where there …
Showing 36 out of 116 results
View more
