10 July 2020
Defining your liability in advance: Liquidated damages, limitation and exclusion clauses
Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed sum that is payable on breach, or set a maximum sum for any damages, or exclude liability (or particular categories of liability) altogether.
24 June 2020
Pressure points: Force majeure and Covid-19: the Paris Commercial Court’s interim relief judge (juge des référés) suspends the electricity suppliers’ obligation to purchase electricity from EDF (France)
The Covid-19 pandemic constitutes an unprecedented health crisis. Because of its unparalleled impact on the economy, businesses and contracts more generally, the crisis is of great interest to legal professionals. The upheavals that this crisis will bring with respect to the performance of various...
17 June 2020
Federal Court of Australia again recognises and enforces ICSID awards
The Federal Court of Australia has recognised and enforced two awards issued in investor-state arbitrations conducted under the rules of the International Centre for Settlement of Investment Disputes ( ICSID ) (ICSID case numbers ARB/13/31 and ARB/13/36 ). The Federal Court decision, Eiser...
10 June 2020
Takeaways from the In-N-Out and Down-N-Out burger brands battle
A series of recent Federal Court cases provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation of their rivals. In February, the Federal Court ruled that the operators of the Down-N-Out burger chain were liable to In-N-Out Burgers for trade mark...
02 June 2020
COVID-19: Pressure Points: A quick reference tool to help assess the availability of force majeure relief under English law (UK)
The global crisis arising from the COVID-19 pandemic has inevitably prompted many commercial parties to reconsider their contractual arrangements, either because they (or a counterparty) are facing difficulties in performing their obligations or because the contract has become uneconomic in light...
15 April 2020
COVID-19: Pressure Points: High Court declines to adjourn five-week trial due to COVID-19 pressures (UK)
In a recent case, the High Court has rejected a party’s application to adjourn a five-week trial that is due to commence in June this year, where that would have meant a year’s delay before the trial could be held: In the matter of One Blackfriars Ltd  EWHC 845 (Ch) .
18 March 2020
COVID-19 People: Short guide for employers (Australia)
The COVID-19 virus is new, rapidly evolving and having a major impact on workplaces. The virus is giving rise to multitude of employment and safety-related questions in a context which has not previously been contemplated, on topics ranging from an employer’s payment obligations and dealing with...
17 March 2020
COVID-19: Potential legal impact (Spain)
In recent days, different measures have been adopted to counter the exceptional situation generated in Spain by COVID-19, including Royal Decree 436/2020, of 14 March, which declares the state of emergency to tackle the health emergency caused by COVID-19 (" RD 463/2020 "). The situation is highly...
18 February 2020
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the interruption be claimed on insurance...
30 January 2020
Unfolding privacy class actions in Australia
Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and difficulties in quantifying loss. Despite the challenges, on 9 December 2019, the Supreme Court of NSW in Evans v Health Administration...
07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
12 August 2020
Victoria’s Stage 4 restrictions: Navigating the current rules for employers
Victoria’s Stage 4 restrictions came into proper effect from 11:59pm, Wednesday 5 August 2020. Although the restrictions significantly impact a substantial number of businesses across metropolitan Melbourne, attempting to navigate the framework involves reviewing a myriad of sources, including...
12 August 2020
Australian Employment, Industrial Relations and Safety podcast
Join our experts as they discuss and share their views on the latest developments we are seeing for our clients in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws...
11 August 2020
People: Job Retention Scheme (UK)
Updated 11 August 2020 On 29 May 2020 the Chancellor confirmed the extension of the HMRC's Coronavirus Job Retention Scheme ("CJRS"), with new flexibility added for employers to partially furlough employees from 1 July 2020. Employees can now work for any proportion of their usual hours and any...
11 August 2020
UPC Structure – local, regional and central divisions
The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPCA and the UPC Rules. The main seat of...
05 August 2020
Inside tech Asia webinar series
Our Inside Tech Asia Webinar Series covers a range of topics including fintech and digital banking, digital infrastructure, healthtech, and growth and investments in Asia Pacific. New themes and episodes will be added regularly. To join a live webinar session, please register and save the calendar...
04 August 2020
Comparing the fault standards in Australian and UK shareholder class actions
Continuous disclosure obligations applicable to shareholder class action claims have been the subject of much debate in Australia in recent years. Recent amendments to the continuous disclosure provisions of the Corporations Act 2001 (Cth) are intended to reduce opportunistic shareholder class...
03 August 2020
Governance: CORPORATE INSOLVENCY AND GOVERNANCE ACT 2020 - SOUNDBITE SERIES (UK)
Welcome to our soundbite series on the new Corporate Insolvency and Governance Act 2020 which came into effect on 26 June 2020. The provisions of the Act are complex and could have significant impact on companies in distress and their creditors, particularly landlords, suppliers, financial services...
30 July 2020
Funded class actions under the spotlight: Australian Federal Government introduces new regulations
On 24 July 2020, the Australian Federal Government introduced new regulations, removing the ‘managed investment scheme’ ( MIS ) and other financial services regulatory exemptions that apply for litigation funding schemes used in class actions.
30 July 2020
Human rights arguments increasingly deployed in climate change litigation
There has been a significant rise over the past five years in the number of climate change claims that have been based (at least in part) on human rights principles, according to the latest report from the London School of Economics Grantham Research Institute on Climate Change and the Environment...
29 July 2020
Pressure points: Trustees and administrators prepare for what’s ahead: Ombudsman to see a rise in complaints due to Covid-19 (UK)
The Pensions Ombudsman recently published both its Corporate Plan 2020-2023 and Annual Report for 2019/2020, which reveal that the number of enquiries the Ombudsman received has significantly increased in the last year. In addition, the Ombudsman expects the number of complaints to “undoubtedly”...