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Court of appeal overturns decision dealing with the impact of West Tankers
The Court of Appeal has overturned the Commercial Court's judgment earlier this year in National Navigation v Endesa in a decision which, although more …
Service Permissible via Twitter
In the recent case of Blaney v Persons Unknown (October 2009), the English court demonstrated a willingness to move with the times and made an order …
Electronic disclosure – ignore rules at your peril
Earles v Barclays Bank Plc [2009] EWHC 2500 provides a clear reminder to litigants to undertake proper electronic disclosure. The judge made clear in the …
Government proposes class actions for financial services
The Government has introduced a Financial Services Bill to Parliament, which includes provision for collective actions in the financial services sector. …
Court of Appeal provides guidance on Part 36 offers to settle in context of counterclaims
In AF v BG [2009] EWCA Civ 757 the court confirmed that a defendant can be treated as a claimant in respect of its counterclaim and be deemed to have …
Court of Appeal upholds High Court finding that litigant unlikely to get fair trial in Russia
The Court of Appeal has upheld a finding by the High Court that a trial should be held in England rather than Russia because of concerns about the …
Parallel proceedings in English and non-EU courts: To stay or not to stay?
There have been two recent English High Court decisions (both in the Chancery Division) which considered the question whether English proceedings could …
House of Lords rules on auditors’ liability in fraud case
In a decision handed down just before the end of term, auditors have won an important House of Lords ruling limiting their liability in cases where a …
Government rejects generic collective action in favour of sector by sector approach
In its response published on 20 July 2009 to the Civil Justice Council's (CJC's) recommendations for the expansion of collective claims (see post), the …
Anti-suit injunctions and non-exclusive jurisdiction clauses in the Court of Appeal
The Court of Appeal has held that the English Courts will not intervene, by way of anti-suit injunction, to restrain the pursuit of foreign proceedings …
Civil litigation costs review: a seminar with Lord Justice Jackson
Herbert Smith held a client event on 29 June 2009 to discuss the preliminary report in Lord Justice Jackson's year-long costs review, which was published …
Synthetic CDOs in the English courts: Court of Appeal upholds New York jurisdiction
The market is rife with disputes arising out of complex financial transactions comprising a series of separate but interrelated agreements. Where …
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