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Court of Appeal confirms mental element of deceit

Herbert Smith Freehills LLP
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United Kingdom
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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
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United Kingdom
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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

Reforms to Brussels Regulation now finalised

Herbert Smith Freehills LLP
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European Union
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December 12 2012

On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 442001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation

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

Herbert Smith Freehills LLP
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United Kingdom
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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

Italy’s Constitutional Court rules mandatory mediation unconstitutional

Herbert Smith Freehills LLP
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Italy
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November 5 2012

In an interim statement released by the Court on 26 October, Italy’s mandatory four-month mediation process to be undertaken before litigation is commenced has been found to be unconstitutional because it denies access to justice

Commercial Court upholds “no set-off” clause

Herbert Smith Freehills LLP
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United Kingdom
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October 18 2012

In a recent decision, the Commercial Court granted summary judgment on a seller’s claim for approximately US$12 million as the price due under a commercial supply contract

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

Herbert Smith Freehills LLP
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United Kingdom
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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

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

Herbert Smith Freehills LLP
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European Union, United Kingdom
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January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim

Approaches to ADR in arbitration and litigation proceedings

Herbert Smith Freehills LLP
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Africa
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September 22 2012

We asked local counsel in 21 African jurisdictions whether parties to litigation or arbitration were required to consider or submit to alternative dispute resolution procedures before or during proceedings

New “opt-out” class action to be introduced for competition claims

Herbert Smith Freehills LLP
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United Kingdom
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January 29 2013

The government has today published its plans for reforming the UK regime for competition law private actions, including the creation of a new

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Search results

Court of Appeal confirms mental element of deceit

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

Reforms to Brussels Regulation now finalised

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

Italy’s Constitutional Court rules mandatory mediation unconstitutional

Commercial Court upholds “no set-off” clause

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

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

Approaches to ADR in arbitration and litigation proceedings

New “opt-out” class action to be introduced for competition claims

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