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Results:1-8 of 8

Supreme Court finds tort of malicious prosecution extends to civil claims
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 21 2016

The Supreme Court has held, by a majority of 5 to 4, that the tort of malicious prosecution is available for civil as well as criminal claims: Willers


Test for joint interest privilege clarified
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 1 2011

The High Court has clarified the circumstances in which a company director or officer is entitled to assert joint interest privilege in legal advice received by the company where the individual was not an express party to the solicitor’s retainer.


Assignment of claim void for champerty
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 1 2011

In the context of litigation funded by third parties the courts have taken an increasingly liberal approach to the principles of champerty and maintenance (the ancient rules against “trafficking” in litigation).


Supreme Court abolishes expert immunity
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 31 2011

The UK Supreme Court yesterday handed down judgment abolishing the immunity expert witnesses have enjoyed for over 400 years.


Disallowing expert evidence
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 22 2011

In Meat Corporation of Namibia Ltd v Dawn Meats (UK) Ltd 2011 EWHC 474 (Ch), the High Court refused the claimant's challenge to the admissibility of the defendant's expert evidence on grounds of the expert's receipt of the claimant's privileged and confidential information and an alleged lack of independence.


ECHR finds success fees breached Article 10 rights
  • Herbert Smith Freehills LLP
  • United Kingdom, European Union
  • February 16 2011

In a judgment released in January, the European Court of Human Rights held that the requirement for MGN to pay "success fees" due to Naomi Campbell's lawyers under a Conditional Fee Agreement was incompatible with MGN's right to freedom of expression under Article 10.


Effect of corporation tax on calculation of damages
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 15 2010

On 28 June 2010, the High Court gave judgment on various issues following BSkyB's success in establishing liability against EDS for fraudulent misrepresentation, including the question of whether the incidence of taxation should be taken into account in calculating the damages payable (BSkyB v HP Enterprise Services UK Ltd 2010 EWHC 862).