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Reliance on term of "without prejudice" offer waived privilege in rest of offer
In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for …
Failure to comply with pre-action protocol justified departure from usual Part 36 costs consequences
The High Court has held that a defendant who accepted a Part 36 offer almost a year late should be awarded its costs for the period of delay, reversing …
A litigator's yearbook: 2012 (England and Wales)
At this time of year it is traditional to look back over the past 12 months and try to sum up what the year has had to offer. We thought it might be …
Reforms to Brussels Regulation now finalised
On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and …
No property right in the contents of an e-mail
A commercial deal has gone wrong. Not only has this caused contractual issues but regulatory authorities are now investigating. Crucial …
Supreme Court upholds Norwich Pharmacal order in face of competing data protection rights
A recent Supreme Court decision clarifies the approach the courts should take in deciding whether to grant Norwich Pharmacal relief in the face of …
Court of Appeal confirms modern approach to contractual construction
In a recent decision, the Court of Appeal has found that a clause allocating responsibility for third party claims applied to claims based on intentional …
Our first annual disputes client conference: Trends in international dispute resolution
On Monday 12 November, we held our first annual Herbert Smith Freehills disputes conference "Trends in international dispute resolution". Following …
Our new Practical Guide to Mediation
Herbert Smith Freehills has published a simple guide to the mediation process and what to expect on the day, including a useful flow chart: …
No strict liability for accidental fire damage
In the case of Stannard v Gore [2012] EWCA Civ 1248 decided on 4 October 2012, the Court of Appeal considered the basis of liability for damage …
Government response to proposal for a Common European Sales Law
The Government Response to the European Commission's proposal for a Common European Sales Law ("CESL"), which was published on Tuesday (13 …
Unilateral jurisdiction clauses may not always be effective
It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will …
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