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Recent litigation developments: England and Wales

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 5 2014

Key developments include the continued application of the court's tough new approach to compliance following the high profile Mitchell decision that

Court of Appeal applies Mitchell guidance and finds defendant cannot rely on witness evidence served late

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 17 2013

The Court of Appeal has held that a defendant Chief Constable's late service of witness statements meant that it could not rely on any witness

A litigator's yearbook 2013: England and Wales

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 16 2013

As we approach the end of 2013, it's a chance to look back at the year that was and assess the changes it has brought. Below is our summary of key

Court of Appeal finds that default provisions in share purchase agreement are unenforceable penalties

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 13 2013

A recent Court of Appeal decision has highlighted the rule against penalties, demonstrating that a penalty can include not only a requirement to pay

Substantial court fee increases proposed for commercial claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 5 2013

The Ministry of Justice (MoJ) has issued a consultation proposing substantial court fee increases. For certain types of proceedings, these include

Cartel follow-on damages claim did not come within jurisdiction clause

  • Herbert Smith Freehills LLP
  • -
  • Italy, United Kingdom
  • -
  • November 29 2013

The Court of Appeal has held that a claim for losses caused by an Italian cartel did not come within a jurisdiction clause giving non-exclusive

Court of Appeal sends clear message on need for strict compliance in Mitchell decision

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 27 2013

In its decision handed down this morning in the high-profile Mitchell case, the Court of Appeal has dismissed an appeal against tough sanctions

Court of Appeal decision underlines need for caution in settling with one or more (but not all) potential defendants

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 22 2013

The Court of Appeal has upheld a decision striking out a misrepresentation claim on the basis that (i) the cause of action against the present

Court of Appeal decision on Part 36 offers to settle

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 19 2013

The Court of Appeal has dismissed an appeal against a split costs order awarding costs to the claimant for certain periods and the defendant for

Supreme Court interprets Articles 27 and 28 of Brussels Regulation, but many issues still require clarification from CJEU

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • November 14 2013

The Supreme Court has refused to stay English proceedings under Article 28 where a related action was commenced in Greece seeking to reopen issues