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Part 36 offers in context of counterclaims and negative declarations

Herbert Smith Freehills LLP
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United Kingdom
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October 30 2012

A recent High Court judgment highlights the scope for confusion in applying Part 36 in a case where the formal roles of claimant and defendant do not reflect the reality of who is seeking a (greater) remedy in financial terms: The Procter & Gamble Company v Svenska Cellulosa Aktiebolaget SCA and another 2012 EWHC 2839 (Ch

Subrogated claims

Herbert Smith Freehills LLP
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United Kingdom
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August 21 2012

Brit Inns Limited ("Brit Inns"), a company now in liquidation, had engaged the defendant contractor to construct a new building intended to comprise a basement restaurant, a groundfloor bar and residential flats

Fairness in disciplinary proceedings 2 recent cases on Article 6 ECHR

Herbert Smith Freehills LLP
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United Kingdom
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July 26 2011

In this e-bulletin we report on two recent decisions which shed light on the application of the Article 6 right to a fair hearing in regulatory proceedings

Experts remain immune against claims by opposing parties

Herbert Smith Freehills LLP
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United Kingdom
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June 6 2011

The Supreme Court judgment in Jones v Kaney 2011 UKSC 13, handed down on 30 March 2011, abolished expert witnesses' immunity from suit for professional negligence claims arising from their views or evidence in relation to legal proceedings

UK Supreme Court removes immunity for expert witnesses in litigation. Will Hong Kong follow suit?

Herbert Smith Freehills LLP
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Hong Kong, United Kingdom
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April 28 2011

The UK Supreme Court (the successor to the House of Lords) has, in Jones v Kaney 2011 UKSC 13 (Jones), abolished the long-standing immunity experts have enjoyed in respect of liability for negligence arising from giving or assisting with evidence in litigation

Successive sets of professional disciplinary proceedings based on the same conduct

Herbert Smith Freehills LLP
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United Kingdom
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February 3 2011

The Institute of Chartered Accountants in England and Wales was estopped from bringing disciplinary proceedings in respect of a member's conduct, where another complaint based on the same conduct had been dismissed

Supreme Court could review expert witness immunity

Herbert Smith Freehills LLP
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United Kingdom
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March 31 2010

In Jones v Kaney 2010 EWHC 61 (QB) Blake J felt bound by Court of Appeal authority to hold that an expert witness enjoyed immunity from suit

Court of Appeal rules on limitation and the timing of loss

Herbert Smith Freehills LLP
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United Kingdom
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March 31 2010

The Court of Appeal in Pegasus Management Holdings SCA & Anr v Ernst & Young & Anr 2010 EWCA Civ 181 has ruled that in a claim for professional negligence, "actual damage" for limitation purposes will in many cases run from the date on which negligent advice is given, even if no actual financial disadvantage has been suffered at that stage

Dishonesty and integrity in regulatory proceedings

Herbert Smith Freehills LLP
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United Kingdom
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February 8 2008

How do decision-makers assess whether a professional person acted dishonestly when he (or she) strongly believes in his honesty and is convinced that he was so acting?

IFE Fund S.A. v Goldman Sachs International: Court of Appeal judgment

Herbert Smith Freehills LLP
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United Kingdom
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August 1 2007

The November 2006 Judgment of Mr Justice Toulson (as he then was) in IFE Fund S.A. v Goldman Sachs International provided clarification on the extent to which financial institutions who arrange and syndicate credit facilities on behalf of their clients make implied representations andor owe duties of care to the banks and financial institutions who are invited to participate in the credit facility

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