Litigation Law, Mediation Law and Arbitration Law

In the recent ruling of Noel Anthony Clarke v Guardian News & Media Ltd (2025), the High Court made a number of significant precedents in relation to limitations of litigation privilege...

The concept of 'anti-disparagement' provisions is one that many people are familiar with.

On 13 December 2024, the Court of Appeal handed down a judgment in Iqbal v Geo TV [2024] EWCA Civ 1566 considering in some detail the defence of statutory qualified privilege against a libel claim.

I blogged previously about the risks of falling prey to the "Holmesian fallacy" in litigation.

My previous blog provided an overview of the various personal injury claims for psychiatric injuries.

We have all been there: you're standing at a set of traffic lights waiting to cross the road. The green man appears, and you take your first step.

Any appeal against refusal of a planning application in Scotland now incurs a significant fee, but issues with the way they have been implemented may give rise to the fees being challenged via the courts.

Welcome to our latest quarterly bulletin (our first as Herbert Smith Freehills Kramer) which contains updates on commercial litigation developments over the past three months...

In the recent case of For Women Scotland Ltd v The Scottish Minister [2025] UKSC 16, the Supreme Court considered the definition of 'sex' in the Equality Act 2010 (the 'Equality Act')

The UK Supreme Court's decision in Re Lehman Brothers International (Europe) (In Administration) caps the extensive litigation.

When the DIFC Courts were established by Law 12 of 2004 ("Law 12") their jurisdiction was defined in Article 5 to be exclusive in relation to: a) civil or commercial cases and disputes involving the Centre or any of the Centre's Bodies or any of the Centre's Establishments; b) civil or commercial cases and disputes arising from or related to a contract that has been executed or a transaction that has been concluded, in whole or in part, in the Centre or an incident that has occurred in the Centr

TiBs frequently assign the right to recover debts due to the bankrupt's estate. The advantage to the TiB is that he receives a lump sum or a share of the proceeds of a successful claim for the benefit of the bankrupt's creditors without having to fund and pursue litigation himself.