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Results: 1-10 of 1,782

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

UK Court of Appeal upholds forfeiture of claim due to reliance on fraudulent device

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

In Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (the DC Merwestone) 2014 EWCA Civ 1349, the English Court of Appeal considered the

UK: Tribunal breach of contract claims set-off defence available to employer as alternative to counterclaim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 12 2014

The EAT has confirmed that an employer facing a breach of contract claim in the tribunal may be able to recover sums owed to it by the employee (eg

UK: termination employees can be held to notice period and need not be paid if they refuse to work

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 12 2014

The Court of Appeal has upheld a High Court ruling that, if an employee leaves without giving contractual notice (save in constructive dismissal

Mitchell decision considers court’s approach to admitting evidence of “similar facts”

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 11 2014

Parties to litigation sometimes wish to rely on evidence of similar but unconnected past incidents, arguing that what happened then is a good