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Court of Appeal holds SPA earn-out unenforceable as an agreement to agree
The Court of Appeal has rejected a seller's claim that he was entitled under a sale and purchase agreement ("SPA") to provide consultancy services to the …
Permission for expert evidence of financial market practice refused in relation to allegations of dishonesty but granted for other purposes
In a recent decision, the High Court refused the defendant financial advisers and agents permission to call expert evidence of financial market …
A litigator's yearbook: 2018 (England and Wales)
As the end of another year approaches, we look back at some key developments from 2018 from the perspective of the commercial litigator. This post covers …
Data breach class actions - new webinar and "handy client guide"
Herbert Smith Freehills has today released the second in our series of webinars on class actions in England and Wales, this time looking at data …
Civil Justice Council report on ADR calls for review of Halsey guidelines but stops short of recommending mandatory mediation
The Civil Justice Council's ADR working group has released its final report on ADR and Civil Justice, following consultation on its interim report …
High Court finds liquidated damages clause for delay in construction contract was not unlawful penalty
The High Court has found that clauses in engineering, procurement and construction (EPC) contracts relating to solar power plants, which provided for a …
Court of Appeal finds litigation privilege is restricted to the purpose of obtaining advice or information, not the conduct of litigation more broadly
The Court of Appeal has held that emails between a company's Board members which had been prepared to discuss a commercial proposal for the settlement of …
Documents of dissolved company remained privileged unless no prospect of company being restored to the register
A High Court Master has found that the court must maintain privilege in the documents of a dissolved company unless and until there is no prospect of the …
Litigation privilege: High Court decision shows continued need to beware of dual purpose
The High Court has found that correspondence with experts was not subject to litigation privilege as it was prepared for two purposes, only one of which …
Brexit, deal or no deal: a litigator's perspective
Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for …
A stark reminder of the restrictions on collateral use of disclosed documents, including information derived from them
The High Court has delivered a strong message as to the need for litigants to appreciate the rules relating to collateral use of disclosed documents, …
The perils of withdrawing Part 36 offers after trial (or any time)
The High Court has found that defendants who made a Part 36 offer, which the claimant failed to beat, should not be awarded any of their costs where the …
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