Showing 24 out of 50 results
How far can you act in your own self-interest? The role of good faith in commercial contracts
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But …
What does your contract mean? How the courts interpret contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in …
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in …
When do you have a binding contract? It may be more (or less) often than you think
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the …
The duty to consider creditors
In high stakes restructurings, directors can be under significant pressure from different parts of the capital structure to take (or refrain from taking) …
HKMA turns up the heat and announces consultation on IBOR transition
On 12 February 2019, the Hong Kong Monetary Authority (HKMA) announced in a briefing to the Legislative Council Panel on Financial Affairs that the …
A litigator's yearbook: 2018 (England and Wales)
As the end of another year approaches, we have published our annual "Litigator's yearbook" looking back at key developments from 2018 from the …
The Brexit Podcast
Our regular series of podcasts to keep you up-to-date with the critical issues facing business post-Brexit.On our Herbert Smith Freehills Podcast …
How can in-house lawyers tackle the increasing threat of class actions in the English Courts?
Class actions represent an increasing area of risk for UK corporates, with increasing numbers of high-profile and highvalue group claims being brought, …
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. …
Our new book launched today: Class Actions in England and Wales
Herbert Smith Freehills has today launched a new textbook, Class Actions in England and Wales. Written by lawyers from the firm and published by Sweet …
Dispute resolution clauses: Putting yourself in the best position
All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the …
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