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Supreme Court hearing on jurisdiction issues in VTB capital
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 12 2012
Starting today, the Supreme Court will hear an appeal against the Court of Appeal’s judgment in VTB Capital plc v Nutritek International Corporation and others 2012 EWCA Civ 808
Supreme court hearing in Prudential starts today
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 5 2012
The Supreme Court is set to hear Prudential’s appeal against the Court of Appeal’s much-publicised decision from October 2010 which confirmed that legal professional privilege did not extend to advice on tax law given by accountants, or anyone other than members of the legal professions (ie qualified solicitors, barristers or foreign lawyers): R (on the application of Prudential PLC & Anor) v Special Commissioner of Income Tax & Anor 2010 EWCA Civ 1094 (see post
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
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 considers confidentiality obligations of in-house lawyers
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- June 28 2012
The Court of Appeal has considered whether and in what circumstances a former employed lawyer will be restrained from acting adverse to a former employer in order to protect that former employer’s confidential information: Generics (UK) Limited v Yeda Research & Development Co Ltd 2012 EWCA Civ 726
House of Commons objects to proposed Common European Sales Law
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- January 3 2012
The House of Commons has objected to the proposed Regulation to introduce a Common European Sales Law on the basis that it does not comply with the principle of subsidiarity
Proposed optional Common European Sales Law
- Herbert Smith Freehills LLP
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- European Union
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- November 1 2011
On 11 October the European Commission published its proposed Regulation on a Common European Sales Law, aimed at facilitating cross-border transactions in the EU
Personal service on director not valid where company not present in jurisdiction
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 1 2011
The Court of Appeal has held that a foreign company which does not carry on business within England and Wales cannot be validly served by leaving a claim form with a director who is within the jurisdiction: SSL International Plc and another v TTK LIG Limited and others 2011 EWCA Civ 1170
No joint privilege for conspiring shareholder
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 1 2011
A company is not generally entitled to assert privilege against its shareholders, since they have a joint interest in the advice received
Further developments on European Contract Law reform
- Herbert Smith Freehills LLP
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- European Union
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- June 6 2011
In our e-bulletin dated 16 February we reported on the European Commission's Green Paper on policy options for progress towards a European Contract Law, which set out a number of options including its favoured proposal for the creation of an "optional instrument" of European contract law
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