Mondaq UK: Litigation, Mediation & Arbitration
Herbert Smith Freehills
In October 2019, the European Commission (the "Commission") presented four proposals (the "Proposals") to the Council of the European Union (the "Council") with specific rules to ...
Dentons
A recent High Court decision serves as a useful reminder of the test the court will apply when deciding whether to imply a term into a share purchase, or other, agreement.
Dentons
A recent Court of Appeal decision highlights the importance of ensuring that a notice of claim in relation to a warranty claim under a share purchase agreement...
Clyde & Co
The 15th edition of the Judicial College Guidelines for assessing general damages for personal injury has been published.
Herbert Smith Freehills
The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement ...
Shepherd and Wedderburn LLP
Often a party will have good grounds to suspect that their confidential information is being misused by a third party. However, in order to prove this they need to recover the evidence from them
Herbert Smith Freehills
In A v OOO "Insurance Company Chubb" and other companies [2019] EWHC 2729 (Comm), the English Commercial Court (the Court) refused, ...
Shepherd and Wedderburn LLP
In the recent case of Dickie & Moore v McLeish and others [2019] CSOH 71, the Outer House of the Court of Session considered whether the material parts of a Contractor's claim...
Herbert Smith Freehills
In a recent decision, the High Court has upheld a claim for breach of collateral warranty where the claimant was induced to arrange the purchase of the defendant's
Herbert Smith Freehills
Following the Supreme Court hearing in the Halliburton v Chubb case, Craig Tevendale of Herbert Smith Freehills in London considers the significance...
DAC Beachcroft LLP
The 15th edition of the Judicial College Guidelines for the assessment of damages in personal injury cases was published on the 26th November 2019, more than two years after the previous edition.
DLA Piper
Litigation or third party funding has transformed the UK disputes market over the past 20 years. Its growth has been enabled by procedural and regulatory changes.
Clyde & Co
A claimant won his appeal against a judge's refusal to grant him relief from sanctions where his claim had been automatically struck out following non-payment of the court trial fee
Mayer Brown
As the Judge himself noted, the owner's procedural manoeuvre – designed to evade the jurisdiction clause – may well be of a type that had not previously triggered an English anti-suit injunction.
DAC Beachcroft LLP
In B v Inverurie Skip Hire Ltd [2019] CSOH 47 the pursuer suffered head injuries in an accident for which the defenders had admitted ...
DAC Beachcroft LLP
In cases raised in the Court of Session the instruction of an Advocate or Solicitor-Advocate is required. In the Sheriff Courts, the position is much less clear-cut.
DAC Beachcroft LLP
The thorny issue of service of proceedings continues to take up Court time with applications when it goes wrong. This article is intended as a timely reminder of a wrinkle of the service rules...
DAC Beachcroft LLP
In our briefing last October we detailed the High Court's judgment in Ocean Outdoor UK Ltd v London Borough of Hammersmith & Fulham. The case was significant as it was the first time
Herbert Smith Freehills
On 19 November 2019 Paula Hodges QC, Herbert Smith Freehills' Head of Global Arbitration and President of the London Court of International Arbitration delivered the Chartered Institute of Arbitrators Annual Lecture.
Herbert Smith Freehills
What are the key points to bear in mind when working with expert witnesses in construction arbitration proceedings?
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Earlier this month the long-anticipated opinion from Evgeni Tanchev, the EU Advocate General (AG) was released following the UK's High Court referral...
Herbert Smith Freehills
The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings.
Mayer Brown
Following the judgments in recent years on attribution to a company of its directors' knowledge in Bilta (UK) Ltd (In Liquidation) v Nazir [2015] UKSC 23 and UBS AG (London Branch)
Herbert Smith Freehills
In an important decision for securities litigation in the UK, the High Court has dismissed a strike out application made by Tesco plc in the group litigation brought ...
Hogan Lovells
The UK Supreme Court in Shanks v Unilever has overruled the Comptroller of Patents, the High Court and the Court of Appeal to rule that an employee
Shepherd and Wedderburn LLP
The Society for Computers and Law (SCL) has launched a new adjudication procedure for the resolution of technology disputes on Tuesday 15 October 2019.
Herbert Smith Freehills
In Hiscox Dedicated Corporate Member v Weyerhaeuser Co [2019] EWHC 2671 (Comm), the High Court (the English Court) continued an anti-suit injunction against the defendant
Mayer Brown
The most notable of these decisions, however, was that the discretion in respect of the proceedings against the (non-EU) Lugano-domiciled (Swiss) Defendants existed at all.
Wrigleys Solicitors
The recent case of FL v MJL [2019] EWCOP 31 looked at the authority of a deputy to make gifts from the surplus income of the person whose funds he manages.
HGF Ltd
On 23rd October 2019, the Supreme Court in the UK issued its decision in Shanks v Unilever [2019] UKSC 45 directing that an employee whose invention delivered significant profits to his employer
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