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Results: 1-10 of 2,804

Importance of openness with the court in judicial review proceedings
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 27 2016

The recent case of R (on the application of Mohammad Shahzad Khan) v Secretary of State for the Home Department 2016 EWCA Civ 416 provides useful


Tax effect of BREXIT - May 2016
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • May 26 2016

This article has been prompted by the current debate and forthcoming referendum in the UK on the UK's membership of the European Union ("EU") and


UCTA reasonableness test may apply even where contract is only partly on standard terms
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 26 2016

The High Court has found that the requirement of reasonableness imposed by the Unfair Contract Terms Act 1977 (UCTA) can apply in circumstances where


“Vi for Victory” for landowner in right of way dispute
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 26 2016

In a reassuring judgement for landowners, the Court of Appeal has ruled this week that clear and visible signage can constitute a sufficient


Recent decision highlights costs risk in issuing a claim form which is not then served
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 25 2016

Significant costs can be incurred in the pre-action period while parties investigate a claim and follow pre-action protocols. At the same time, it is


Defective work: where can an owner recover the cost of demolition and rebuilding? Liquidated damages: what is the consequence of leaving the amount payable blank?
  • Herbert Smith Freehills LLP
  • Australia, United Kingdom
  • May 23 2016

A recent Australian decision allowed the award of damages for the cost of demolishing and rebuilding an entire building because a polished concrete


Settlement Agreements: Holding HMRC to its word
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 20 2016

During their oral evidence to the PAC, Dame Lin Homer and Edward Troup (the "Commissioners") said as follows : "...although it is a settlement, if


Supreme Court upholds celebrity injunction
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 19 2016

The Supreme Court has today allowed an appeal by a celebrity (PJS) seeking an injunction preventing publication of details of his private life, by a


UK Supreme Court rules on section 69 challenge to an arbitral award: do the courts plan to take a more active role in arbitration?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 19 2016

On 11 May 2016 the Supreme Court handed down a ruling on a challenge to an arbitral award on a point of law, under section 69 of the Arbitration Act


Round-up of Pensions Developments: March and April 2016
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 13 2016

The High Court has released its judgment in Pollock v Reed 2015 EWHC 3685 (Ch), the litigation involving the Halcrow Pension Scheme in which Herbert