14 May 2020
Rapid resolution of domicile disputes: be careful what you wish for
In Henkes v HMRC  UKFTT 7645 (“ Henkes ”), the First-tier (Tax) Tribunal (“ the Tribunal ”) held that (a) it could (and would) determine the taxpayer’s domicile status when determining an application for the closure of a domicile enquiry and (b) its determination of that issue would be...
29 April 2020
Commonwealth fails in its claim for compensation for PBS expenditure
The Federal Court’s decision in Commonwealth v Sanofi Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first. 1 Of the 4 cases in Australia in which the Commonwealth has sought compensation for losses arising from an interlocutory injunction restraining the launch...
29 April 2020
COVID-19: Governance: Signing documents using electronic signatures (Hong Kong)
Given the current restrictions on social interaction put in place to combat the spread of COVID-19, working from home is becoming the new normal. As a result, it is not always easy to sign paper copies of documents while working from home, and businesses across the world are exploring the increased...
29 April 2020
DIFC Court considers its power to grant damages for breach of whistleblowing protections
On 8 April 2020, the Court of First Instance of the Dubai International Financial Centre (“ DIFC ”) issued a preliminary judgment indicating that the Court has the power to grant relief for losses suffered as a result of a breach of Article 64 of DIFC Law No. 7 of 2018 (the “ Operating Law ”),...
03 March 2020
A General Safety Provision - are we there yet??
It is looking increasingly likely that a ‘General Safety Provision’ for consumer products will be introduced into legislation in the near future. This idea has been simmering for some time and the Commonwealth Treasury has recently received public submissions on whether such a legislative provision...
28 February 2020
The rising tide of climate change litigation
The Urgenda Foundation, a not-for-profit organisation made up of Dutch nationals, sought orders that the State of the Netherlands limit the volume of greenhouse gas emissions in the Netherlands such that the volume would be reduced by between 40% and 25% at the end of 2020, as compared to the...
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...
10 February 2020
Patent and Pharma Update, February 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the Supreme Court decision of Shanks v Unilever on employee inventor compensation. We update on two CJEU decisions relation to public access to documents submitted...
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...
21 January 2020
HIGH COURT STRIKES OUT CLAIM AGAINST BANKS IN THEIR CAPACITY AS LENDERS TO INVESTORS OF A TAX DEFERRAL SCHEME
The High Court has struck out claims brought by former investors in the Ingenious Media tax deferral schemes against lending banks who advanced sums to the investors for the purpose of investing in the scheme: Mr Anthony Barness & Ors v Ingenious Media Limited & Ors  EWHC 3299 (Ch) .
21 November 2019
Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation
The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings commenced by a claimant company in liquidation. The court held that the liquidator's firm should not be made liable for all of the defendants' costs,...
22 March 2022
ESG Ratings and Reporting – what really matters?
ESG reporting demands companies’ time and resources, but it is a vital tool for companies to be transparent with the market about how they are tackling risks and opportunities associated with a range of issues. It is a task that companies cannot afford to get wrong.
21 March 2022
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...