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Exclusion clauses and deliberate repudiatory breach: NETTV reconsidered
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 9 2011

In the recent case of AstraZeneca UK Limited v Albermarle International Corporation and another 2011 EWHC 1574 (Comm), the High Court has criticised the "strong presumption" applied in Internet Broadcasting Corporation Ltd (ta NETTV) and another v MAR LLC (ta MARHedge) 2009 EWHC 844 (Ch) that an exclusion clause does not apply to a deliberate repudiatory breach.


Bill to bring in Jackson reforms published today
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 21 2011

The government has today introduced legislation to implement the key proposals made by Lord Justice Jackson for the reform of civil litigation costs and funding, namely:.


Withholding publication of judgment following settlement
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 6 2011

In a recent case the High Court has withheld publication of its draft judgment, at the request of the parties, in light of the subsequent settlement of their dispute: Renaissance Capital Ltd v ENRC Africa Holdings Ltd (unreported, 7 April 2011).


Court of Appeal takes strict approach on private hearings
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 16 2011

In a recent judgment, the Court of Appeal has taken the opportunity to clarify that a private hearing or party anonymisation will be granted in the Court of Appeal only if, and only to the extent that, the court is satisfied that it is necessary for the proper administration of justice: Pink Floyd Music Ltd and another v EMI Records Ltd 2010 EWCA Civ 1429.


New courts open in the Middle East
  • Herbert Smith Freehills LLP
  • Saudi Arabia
  • March 31 2010

In Saudi Arabia the Supreme Judiciary Council has approved the establishment of specialised commercial courts in the main cities of Riyadh, Jeddah and Dammam.


Update on Rome I and the 2007 Lugano Convention
  • Herbert Smith Freehills LLP
  • European Union
  • January 29 2010

Rome I Regulation EC No 5932008 on the law applicable to contractual obligations (Rome I) came into effect on 17 December 2009 and applies in all EU Member States (except Denmark which has opted out) to contracts entered into on or after 17 December 2009.