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Searching Content by Jan O'Neill from Herbert Smith Freehills ordered by Published Date Descending.
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Court Of Appeal Finds Entire Agreement Clause Did Not Preclude Terms Of Superseded Contract Being Admissible To Explain Meaning Of Unconventional Term
The Court of Appeal has held that the parties agreed a binding variation to incorporate additional services (Intermediate Minor Oral Surgery, or IMOS, services)
UK
29 Aug 2019
2
Court Of Appeal Reaffirms Strict Approach To Interpreting Contractual Claim Notifications
The Court of Appeal has held that a letter sent by a party to a share purchase agreement did not constitute a notice of a claim under tax covenants in the agreement.
UK
23 Aug 2019
3
Singapore Convention On Mediated Settlements To Be Signed Tomorrow
On Wednesday morning (Singapore time), the United Nations Convention on International Settlement Agreements Resulting from Mediation,
UK
9 Aug 2019
4
Court Of Appeal Clarifies Test For Rectifying Terms Of Written Contract For Common Mistake
The court disagreed with Lord Hoffman's (obiter) observations in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 that, even for the second limb above, the test is purely objective and subjective intentions are irrelevant.
UK
8 Aug 2019
5
46 Countries Sign The New Singapore Convention On Mediated Settlements
Today at a ceremony in Singapore, the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention, has been signed.
Worldwide
8 Aug 2019
6
Supreme Court Narrowly Interprets Exclusive Jurisdiction Provisions Of Brussels Regime Relating To Validity Of Corporate Decisions
The Supreme Court has held that the English courts did not have exclusive jurisdiction to hear certain claims brought by an English subsidiary company against Turkish domiciled defendants
UK
7 Aug 2019
7
Webinar Available: The Hague Choice Of Court Convention 2005 And The Hague Judgments Convention 2019 – When And How Will They Apply?
On Tuesday 23 July 2019, Anna Pertoldi and Jan O'Neill delivered the latest in our series of webinars for Herbert Smith Freehills
UK
5 Aug 2019
8
High Court Finds England Proper Forum To Hear Claim Against Further Party Where Claimant Had No Real Choice Over Where To Sue Anchor Defendants
The High Court has held that England was the proper forum to determine a dispute against an additional defendant, so as to avoid multiple proceedings and the risk
UK
31 Jul 2019
9
High Court Finds There Is No Power To Stay English Proceedings To Give Effect To Exclusive Jurisdiction Clause In Favour Of Non-EU Court Unless Proceedings Were Commenced First In The Foreign Court
The High Court has held that there is no power under the recast Brussels Regulation to stay English proceedings against an English domiciled
UK
30 Jul 2019
11
Margin By Which Party Beat Own Part 36 Offer Not Relevant In Determining Costs Consequences
The High Court has found that, where a claimant beat its own Part 36 offer by only a very small margin relative to the size of the claim.
UK
30 Jul 2019
12
New Hague Judgments Convention: Finally Adopted But May Be Some Years Before Impact Is Felt
On Tuesday, 2 July 2019, the Hague Conference on Private International Law finalised a new treaty on enforcement of judgments:
UK
26 Jul 2019
13
Court Of Appeal Finds Defendant Gave Good Consideration For Varied Settlement In Agreeing To Give Up Defence That Was Later Found To Be Without Merit
The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v Shavleyan [2019] EWCA Civ 1105.
UK
26 Jul 2019
14
Disclosure Pilot: High Court Clarifies Test For Varying Disclosure Orders And Encourages Use Of Disclosure Guidance Hearings
The High Court has considered applications relating to a disclosure order made under the disclosure pilot scheme which has applied in the Business and Property Courts since 1 January 2019.
UK
26 Jul 2019
15
High Court Orders Russian Claimant To Provide Security For Costs Despite Evidence Of Assets In Switzerland And Cyprus
The High Court has granted an order for security for costs against a Russian claimant, on the basis that there was a real risk that any costs order against it would have to be enforced in Russia...
UK
25 Jul 2019
16
Court Of Appeal Decision Illustrates Proper Application Of Compensatory Principle Of Damages, As Well As Modern Approach To Contractual Interpretation
The Court of Appeal has held that a charterer was liable for substantial damages for its failure to make shipments of iron ore pellets under a shipping contract, where the charterer was unable to perform the contract due...
UK
25 Jul 2019
17
High Court Refuses Permission For Collateral Use Of Disclosed Documents And Witness Statements To Respond To US Grand Jury Subpoena
In a decision illustrating the court's strict approach to the rule prohibiting the use of disclosed documents and witness statements for a collateral purpose, the High Court has refused a party permission.
UK
3 Apr 2019
18
Brexit: UK Unwinds Implementation Of EU ADR Laws
The UK Government has published legislation to effectively revoke the implementation of the EU Mediation Directive (2008/52/EC) after Brexit.
UK
2 Apr 2019
19
Supreme Court Clarifies Test For Setting Aside Judgment For Fraud
The Supreme Court has resolved uncertainty as to the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud. Overturning the Court of Appeal's decision
UK
2 Apr 2019
20
Open Justice: Rule Changes To Increase Transparency In The Civil Courts
From 6 April 2019, a number of changes to the Civil Procedure Rules will come into effect with the intention ...
UK
26 Mar 2019
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