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Unilateral jurisdiction clauses may not always be effective

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 13 2012

It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will be resolved

High Court declines to impose costs sanctions for refusal to mediate

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 2 2012

In a recent decision, the High Court held that a successful defendant was not unreasonable to refuse mediation and should not be penalised in costs on that basis: ADS Aerospace Limited v EMS Global Tracking Limited 2012 EWHC 2904 (TCC

Recent litigation developments

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 1 2012

On 24 April the government published its anticipated consultation on competition law private actions, including radical proposals for a new "opt-out" collective action for competition claims on behalf of both consumers and businesses in the Competition Appeal Tribunal (CAT

New code of conduct for litigation funders

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 25 2011

A new code of conduct for litigation funders (who fund litigation or arbitration in return for a share of the proceeds) was launched on Wednesday, 23 November