Kimberley Smith
Kimberley Smith focuses her practice on commercial litigation and arbitration. She has considerable experience in contractual dispute proceedings before the High Court, in particular in the energy, commodities and construction fields.
Shareholder Rule Gets Short Shrift
By Kimberley Smith and Jannika Glendon on Jan 7, 2025
Posted In United Kingdom
Derived from 19th century case law, the general school of thought has been that a company cannot assert privilege against its own shareholder, save in relation to documents that came into existence for the purpose of hostile litigation against that shareholder (the so-called “Shareholder Rule”). In a judgment dated 27 November 2024, Mr Justice Picken...
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Court of Appeal Interprets Released Claims in a Settlement Agreement
By Jack Thorne and Kimberley Smith on Jul 10, 2024
Posted In Court Judgment, United Kingdom
In the case of Abdullah Nasser Bin Obaid and Ors v Khalid Abdullah Al-Hezaimi and Ors [2024] EWCA Civ 612,[1] the Court of Appeal handed down a judgment highlighting the importance of carefully drafting settlement agreements and, in particular, which claims are released. Background 2017 Proceedings In 2017, Mr Bin Obaid, a Saudi Arabian national...
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Damages Are Adequate – But Is It Sufficiently Serious?
By Sharon Lamb and Kimberley Smith on Mar 21, 2024
Posted In Healthcare, United Kingdom
In a highly-anticipated judgment dated January 30, 2024, the Court of Appeal confirmed that in a procurement challenge under the Public Contract Regulations 2015 (PCR), a finding of a manifest error will not automatically mean that the error is ‘sufficiently serious’ to justify an award of damages. This blog piece is a reduced version of...
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