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Searching Content indexed under Trials & Appeals & Compensation by Herbert Smith Freehills ordered by Published Date Descending.
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1
First Securities Class Action Judgment In Australia
The Australian Federal Court has recently handed down judgment in the first securities class action in Australia to reach trial
Australia
14 Nov 2019
2
Supreme Court Decision Clarifies When Non-Party Costs Orders Should Be Made Against Insurers
The Supreme Court has overturned the Court of Appeal's decision to award non-party costs against an insurer under section 51 of the Senior Courts Act 1981.
UK
12 Nov 2019
3
Important Supreme Court Decision On "Quincecare" Duties Of Care And Corporate Attribution
The Supreme Court has upheld the first successful claim for breach of the so-called Quincecare duty of care, which requires a financial institution to refrain from executing a customer's payment
UK
12 Nov 2019
4
Supreme Court Provides Welcome Clarity On When Non-Party Costs Orders Should Be Made Against Insurers
The Supreme Court has overturned the Court of Appeal's decision in Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 in a landmark decision.
UK
11 Nov 2019
5
High Court Refuses Tesco's Strike Out Application In S.90A FSMA Group Shareholder Action
In an important decision for securities litigation in the UK, the High Court has dismissed a strike out application made by Tesco plc in the group litigation brought ...
UK
11 Nov 2019
6
Hong Kong Court Refuses Enforcement Of Mainland Award, Rejects Limitation Arguments
In Wang Peiji v Wei Zhiyong [2019] HKCFI 2593; [2019] HKEC 3446, the Hong Kong Court of First Instance has set aside an order to enforce a mainland Chinese arbitration award.
Hong Kong
8 Nov 2019
7
Breach Of Jurisdiction Clause May Give Rise To Damages Claim
Non-compliance with a contract's jurisdiction clause may expose a claimant to a claim for damages in Germany
Germany
5 Nov 2019
8
Obtaining Evidence From US-Connected Entities – US Court Widens The Scope
The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings.
UK
4 Nov 2019
9
High Court Finds No Binding Contract For Commission For Introduction Of Valuable Formula One Sponsorship Deal But Awards Quantum Meruit
The High Court has rejected a company's claim for commission for the introduction of a sports sponsorship opportunity on the basis that there was no binding contract between the parties
UK
4 Nov 2019
10
Test For Rectifying Terms Of Written Contract For Common Mistake: England And Wales Considers Subjective While Hong Kong Remains Objective
In an important recent decision (FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361)
Worldwide
30 Oct 2019
11
Damages-Based Agreements (DBAs): Promising Proposals For Reform
A proposed redrafted version of the regulations governing DBAs was presented yesterday at a conference at The Old Hall, Lincoln's Inn.
UK
30 Oct 2019
12
English High Court Refuses To Enforce Unchallenged Arbitral Award In Light Of New Evidence
The English High Court (the "Court") has refused to enforce an unchallenged arbitral award because doing so would not be in the interests of justice.
UK
30 Oct 2019
13
Hong Kong Courts Clarify Legal Rules Surrounding Suitability And Capacity Of Next Friends
Next friends act on behalf of parties in legal proceedings who are not able to act themselves (for example, because of mental incapacity).
UK
28 Oct 2019
14
Privilege Lost After Cherry-Picking: An Undesired Outcome Of An Employer's Tactical Decision To Waive Privilege
The UK Employment Appeal Tribunal (EAT) recently ordered an employer to disclose its external lawyer's comments in relation to the dismissal of an employee.
UK
28 Oct 2019
15
Hong Kong High Court Reverts Departure From General Rule On Costs In Dispute Between Brothers
In Chan Chi Wai v Chan Sau Wah [2019] HKCFI 1662 an application was made to vary a costs order nisi granted by the Hong Kong High Court regarding a dispute between five brothers.
Hong Kong
25 Oct 2019
16
Court Of Appeal Finds Claim For Damages For Loss Of Control Of Data Can Proceed As Representative Action Under CPR 19.6
The Court of Appeal has held that an action for alleged data breaches using the CPR 19.6 representative action procedure can go ahead, overturning the High Court's
UK
17 Oct 2019
17
High Court Finds Terms Of English Law Facility Agreement Allowed Borrower To Withhold Interest Payments Given Risk Of US "Secondary" Sanctions
In a recent decision, the High Court has found that the terms of a Facility Agreement governed by English law allowed the borrower to withhold payment of interest instalments
Worldwide
11 Oct 2019
18
FSCA Levies Record R1.5 Billion Fine Against Steinhoff International Holdings N.V. For False, Misleading And Deceptive Statements To The Market
On 12 September 2019, the South African Financial Sector Conduct Authority (FSCA) announced the conclusion of its investigations into Steinhoff International Holdings N.V. (Steinhoff).
South Africa
25 Sep 2019
19
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries
South Africa
25 Sep 2019
20
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of UK, check out our comparative guides section to compare across multiple countries
UK
25 Sep 2019
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