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UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit
On Tuesday 22 August, the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, …
India related commercial contracts: dispute resolution and governing law clauses
Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related …
High Court decision illustrates the need to be sure of your ground before terminating for repudiatory breach
In a recent decision, the High Court found that a claimant's letter purporting to terminate a contract for the defendant's repudiatory breach could not …
Court finds veto right in share option agreement was discretionary and could not be exercised capriciously, arbitrarily or unreasonably
Where a share option agreement provided that the option could be exercised only with board consent, the High Court has ordered specific performance of …
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 …
Jackson LJ recommends fixed recoverable costs for claims up to £100,000
Lord Justice Jackson's report on fixed recoverable costs has been published today. The key recommendation is to introduce a new intermediate track for …
Court of Appeal prevents use of privileged document disclosed in error where mistake obvious to second more senior solicitor
The Court of Appeal has added what it has termed "a modest gloss" to the principles on when the court will restrain use of a privileged document …
Recent decisions show continuing trend for tough approach to rule breaches
Recent months have seen a number of decisions in which the English courts, both at first instance and on appeal, have re-emphasised the message that …
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 …
Competition Appeal Tribunal refuses to certify £14 billion class action against Mastercard
The Competition Appeal Tribunal (CAT) has refused to give the green light to a £14 billion class action, which was brought against MasterCard under the …
High Court finds expert unreliable and lacking independence
A recent High Court decision has highlighted once again the importance of ensuring experts are aware of and comply with their duties to the court. It …
New president and justices of the Supreme Court and new Lord Chief Justice
As announced today, Lady Hale has been appointed the next (and first female) President of the Supreme Court, to replace Lord Neuberger as from …
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