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Results: 1-10 of 2,473

Marshall v Barclays Bank plc: High Court strikes out claim for mis-selling of an interest rate hedging product on the basis of a pre-existing settlement agreement
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 30 2015

Gary Ronald Marshall v Barclays Bank Plc 2015 EWHC 2000 (QB) concerns an application by Barclays Bank Plc ("Barclays") to strike out or obtain


Contractual damages: Supreme Court confirms overriding compensatory principle in case of one-off sale
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 29 2015

In a recent judgment, the Supreme Court has confirmed that the overriding compensatory principle applies in the case of an anticipatory breach of a


High Court reassesses tender scores upon finding manifest errors in tender evaluation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 29 2015

In Woods Building Services v Milton Keynes Council 2015 EWHC 2011 (TCC), the Court held that a disappointed bidder should have outscored the winning


Double derivative actions: challenging wrongs done to subsidiary companies
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 27 2015

A recent High Court decision provides a useful reminder that the common law “double derivative” action remains available. This gives minority


Recent litigation developments: England and Wales
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 24 2015

Below is a selection of articles posted to our "litigation notes" blog since our last e-bulletin, on 30 June 2015. The headlines this time include


Court of Appeal clarifies approach to ordering rescission for misrepresentation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 24 2015

Where a party has entered into a contract as a result of a misrepresentation, the question often arises as to whether it can unwind, or “rescind”, the


When does a fitness for purpose warranty apply to design and build contracts?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 23 2015

In a previous construction e-bulletin in December 2012, we considered the impact of Trebor Basset and Cadbury v ADT Fire and Security (Trebor) on the


Supreme Court rules recoverable success fees ATE premiums do not breach Article 6 rights
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 22 2015

In a judgment handed down this morning, 22 July, the Supreme Court held (by a majority of five to two) that a claimant’s right to recover a


Court considers meaning of as soon as possible and likely to give rise to a claim in notification provision of a liability policy
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 22 2015

The Commercial Court has recently construed wording commonly seen in notification provisions in liability policies. In Maccaferri Limited v Zurich


Another round of massive court fee hikes proposed
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 22 2015

Less than four months after the last round of fee increases for civil claims (see post), the government has today opened a consultation on further