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Results: 1-10 of 1,786

UK Supreme Court: merits generally irrelevant to enforcement of case management directions

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 27 2014

In a judgment given yesterday (26 November) the majority of the Supreme Court has expressed the view that the strength of a party's case on the merits

English High Court upholds disclosure order regarding interests of a beneficiary under discretionary trusts

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 27 2014

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Sergei Viktorovich Pugachev and Others 2014 EWHC 3547 (Ch), the English High Court upheld a

Appointing adjudicators the limits of objection

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 26 2014

In a landmark decision, the Technology and Construction Court has refused to enforce an adjudicator's decision because the adjudicator had been

Court lays down the standard of review in proportionality cases and rejects challenge to new gambling regulatory regime

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 25 2014

The Claimant was the Gibraltar Betting and Gaming Association Limited (“GBGA”), which is a trade association based in Gibraltar representing

Exploiting the advantages of an English arbitral seat? Commercial Court confirms the validity of an arbitration agreement and tribunal’s substantive jurisdiction whilst parallel proceedings continue in Italy

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 19 2014

The English Commercial Court has granted an application under section 32 of the English Arbitration Act 1996 (the Act), determining that a tribunal

Belhaj v Straw: English Court of Appeal rules that state immunity and the act of state doctrine does not prevent claims against the British government for alleged involvement in unlawful rendition

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 17 2014

On 30 October 2014, the Court of Appeal in Belhaj v Straw and Others 2014 EWCA Civ 1394 ruled that state immunity and the act of state doctrine did

Court has broad discretion to order costs budgeting in cases falling outside mandatory regime

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 17 2014

The High Court has considered the extent of the court’s discretion to order costs budgeting in cases where budgets are not automatically required

The duty of fairness when consulting: how far does it go?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 14 2014

Key PointsThe duty to provide sufficient information in a consultation does not in general extend to providing information about options or proposals a consultant body is not pursuing unless there are specific reasons for doing so

UK Supreme Court considers proper approach to awarding compensation for breach of trust in a commercial context

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 14 2014

The Supreme Court has confirmed that equitable compensation for breach of trust in the context of a commercial transaction, and in the absence of

UK: court decision discouraging stays or ‘windows’ in trial preparation to allow for ADR

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 13 2014

One way in which courts commonly encourage and facilitate the use of ADR in the context of litigation is to allow the litigants a pause in