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Results: 1-10 of 173

Court of Appeal confirms mental element of deceit

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 15 2013

The Court of Appeal has considered the mental element required for a successful claim in deceit, or fraudulent misrepresentation, finding that there

Service of EU proceedings in England: receipt by fax sufficient to seise foreign court

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 14 2013

The High Court has decided that receipt by fax at the Foreign Process Section (FPS) of the English court of proceedings commenced in another member

Court of Appeal reins in role of “commercial common sense” in contractual interpretation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 30 2013

In a recent decision, the Court of Appeal has re-emphasised the importance of the contractual wording when construing commercial contracts: BMA

High Court orders disclosure of documents held in France despite French blocking statute

  • Herbert Smith Freehills LLP
  • -
  • France
  • -
  • April 25 2013

A recent decision has important implications for the approach the court should take in ordering disclosure of documents held in France where such

High Court refuses to award compound interest where interest losses not specifically pleaded

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 24 2013

The High Court has refused to award compound interest on sums in excess of US$1.5 billion paid away by the claimant bank as a result of a fraud: JSC

High Court decision indicates strict line on revision of costs budgets

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

The High Court has considered the circumstances in which a costs budget, which has been approved by the court as part of a costs management order

Court of Appeal found agreement to pay instalments excluded right of set-off

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 18 2013

The Court of Appeal has held that a settlement agreement, in which the defendant acknowledged that a debt was payable in full and agreed the

Commercial Court considers principle that “there is no property in a witness”

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

The Commercial Court has held that it may be a contempt of court for a party to litigation to seek to prevent a witness or potential witness from

Jackson reforms now in force

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 1 2013

The long-awaited Jackson reforms have come into force today, 1 April 2013. The reforms will bring about major changes to civil litigation in England

UK Supreme Court: court can change decision without “exceptional circumstances”

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

In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change