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Court of Appeal confirms subsequent communications can be relevant to determining whether a contract has been concluded
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 6 2017

The Court of Appeal has held that the High Court was wrong to find that a contract had arguably been concluded during a telephone call following a


Successful challenge to English court jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad
  • Herbert Smith Freehills LLP
  • Nigeria, United Kingdom
  • February 2 2017

Two companies in the Shell group (domiciled in the UK and Nigeria respectively) have successfully challenged the jurisdiction of the English court to


Terminating your contract: when can you call it quits?
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • January 18 2017

Parties to commercial contracts may wish to exit their contractual arrangements for all sorts of reasons. In many cases, they will have included in


Court of Appeal finds party in repudiatory breach of contract due to repeated late payments
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 3 2017

The Court of Appeal has recently found that a shipowner was entitled to terminate for repudiatory breach where the hirer was in persistent breach of


Court of Appeal decision confirms high threshold for fraud requirement in a common law derivative action in the LLP context
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 19 2016

A recent Court of Appeal decision provides a useful reminder of the limited scope of the exceptions to the rule in Foss v Harbottle in common law


Commercial Court considers interpretation of clause excluding consequential or special losses
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 19 2016

The Commercial Court has considered the proper construction of the phrase "consequential or special losses, damages or expenses" in a ship-building


Court of Appeal clarifies scope of potential liability under the Misrepresentation Act 1967
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 16 2016

The recent decision of the Court of Appeal in Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank AS) (In bankruptcy) 2016 EWCA Civ 1262


UK: Discrimination - Supreme Court asked to consider ambit of associative discrimination
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2016

The Northern Ireland Court of Appeal has ruled that it was direct associative discrimination on the grounds of sexual orientation for a bakery to


A litigator’s yearbook: 2016 (England and Wales)
  • Herbert Smith Freehills LLP
  • European Union, Ireland, United Kingdom
  • December 14 2016

2016 has been an eventful year on any measure. While it may not be remembered principally for developments relating to commercial litigation, there


CMA secures first director disqualification for breach of competition law
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 2 2016

The Competition and Markets Authority (CMA), has secured the first disqualification of a director of a company found to have infringed competition