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Supreme Court decision confirms second attempt at relief from sanctions will be uphill battle
The Supreme Court has upheld the Court of Appeal's decision overturning the grant of a second application for relief from sanctions for failure to …
Government rows back from plans to double cap on court issue fees
The government has today published its response to its recent consultation on further court fee increases. The good news for court users is that it has …
Jackson reforms will apply to insolvency litigation from April 2016
The government has today announced that the insolvency exception to the Jackson reforms will come to an end in April next year. This means …
Court of Appeal underlines high hurdle to overturn decisions re strike out or relief from sanctions
The Court of Appeal has dismissed an appeal against a High Court decision refusing to strike out a claim for procedural failures even though, in the …
A litigator's yearbook: 2015 (England and Wales)
In this post we look back at some of the key developments of 2015 from the perspective of the commercial litigator, covering a range of topics …
Article published on jurisdiction rules applying to claims against directors
A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against …
Supreme Court confirms that company directors' powers must be exercised for a proper purpose
In an important decision which will impact upon corporate disputes, the Supreme Court has confirmed that the exercise of an apparently unfettered …
Supreme Court clarifies test for implying terms into a contract
In a judgment handed down yesterday morning, the Supreme Court has clarified the law on when the court can imply a term that the parties have not …
No litigation privilege where witnesses were deceived as to true purpose of meetings
The High Court has rejected a claimant's claim to assert litigation privilege over secret recordings of meetings with …
Article published on Hague Choice of Court Convention
The Hague Convention on Choice of Court Agreements, which came into force on 1 October 2015, aims to uphold jurisdiction clauses and to make judgments …
Article published on the new rule on penalties under English law
Much interest has been generated by the Supreme Court's decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye …
Herbert Smith Freehills’ new global report reviews corruption trends and perceptions in close to 100 countries
We have launched the first global edition of our Anti-corruption Report, touching on investigations, reforms and perceptions in close to 100 …
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