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Results: 1-10 of 35

Exclusion clauses part 2: recent developments

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 15 2009

This is the second of a two part series on exclusion clauses in English law

Statutory dismissal procedure: timing of step 1 letter

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 6 2009

It is not a breach of the statutory dismissal procedure to announce an intention to make an employee redundant prior to sending the step 1 letter

Discrimination and arbitration: English Court of Appeal sets restrictions on the freedom of the arbitral process

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 30 2010

On 22 June 2010, the English Court of Appeal held, in Jivraj v Hashwani, that specifying religious criteria for the appointment of an arbitrator in an arbitration clause in a commercial contract rendered the clause void

Letters of intent recent cases

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 30 2010

Letters of intent often form the foundation for construction works, but they also often form the basis for disputes

English legal professional privilege and non-lawyers

  • Herbert Smith Freehills LLP
  • -
  • Japan, United Kingdom
  • -
  • July 14 2011

The Supreme Court of the United Kingdom has recently granted leave to appeal against an English Court of Appeal decision that common law legal professional privilege does not extend to any professional other than a qualified lawyer

Recovering losses incurred in settlement of a third party claim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 30 2011

Under the usual principles of causation, in order to be successful in its claim before a court or tribunal, the claimant has to demonstrate that there has been a breach of contract and that that breach caused the claimant loss andor damage, and has to prove the quantification of that loss

Recovering wasted management costs

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 29 2012

Significant management costs can be incurred when one party is required to reorganize internal resources or divert staff from their usual activities in order to investigate, manage and mitigate the effects of the other party's breach of contract

Mass compulsory redundancies across Europe - Part VIII recent developments in UK industrial action

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 28 2010

This is the final instalment of our eight-part series of newsletters giving an overview of regulatory requirements governing the conduct of mass compulsory redundancies

When will a wrongful suspension amount to a repudiatory breach of contract?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 23 2010

In the recent case of Mayhaven v DAB, the English High Court had to consider whether a contractor's wrongful suspension of its works would, as a matter of principle, amount to a repudiatory breach of contract entitling the employer to terminate the contract and sue for damages

Dispute resolution clauses and the importance of drafting

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties