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Court of Appeal decision underlines dangers of delay in filing notice of appeal

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 18 2014

The Court of Appeal has confirmed that the courts will apply the same rigorous approach to a retrospective application to extend time for filing a

A litigator’s yearbook: 2014 (England and Wales)

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 15 2014

As another year comes to an end, it is a good time to look back on 2014 and consider the changes it has brought. Below is our summary of some of the

English Court of Appeal considers whether the mandatory stay provisions of s9(1) of the Arbitration Act of 1996 apply to winding-up petitions

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 15 2014

The English Court of Appeal dismissed an appeal brought against a recent High Court decision to stay a winding-up petition in favour of arbitration

Market abuse update

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, France, Hong Kong, United Kingdom, USA
  • -
  • December 15 2014

The FCA has continued to build on the strong track record of civil and criminal enforcement action against abusive conduct and manipulation, notably

Claimants who settled on “no costs” basis held liable for costs through back door

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

In circumstances where two claimants had settled their claims against the defendant on a “no costs” basis and a third claimant had continued to trial

Court of Appeal explores ambit of the without prejudice rule

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 8 2014

The Court of Appeal has recently held that certain correspondence marked “without prejudice” was admissible in evidence despite this label, because

High Court agrees FOS was not required to stay determination of complaints pending resolution of a related dispute

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 8 2014

The High Court has refused an application for judicial review of the FOS by three IFAs who argued that the FOS ought to have stayed its determination

UK: redundancy: preferential treatment required for employee on maternity leave where roles restructured

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

Where an employer decides to replace two roles, one of which is currently held by an employee on maternity (or other family-related) leave, with a

UK: statutory holiday pay: no appeal over ruling on retrospective claims

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

In last month's e-bulletin we reported the landmark EAT judgment inBear Scotland v Fulton that pay for the 4 weeks' EU statutory holiday entitlement

UK: changing terms and conditions: need for acceptance and consideration

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

Employers wishing to change an employee's terms and conditions need to establish both the employee's agreement to the change, and that consideration