Commercial Litigation EP18: General Update

In this 18th episode of our series of commercial litigation update podcasts, we consider a significant recent decision on representative actions under CPR Part 19, cases on disclosure and judgments handed down under embargo, and a Supreme Court decision on unjust enrichment. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Ben Phillips, an associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6 https://hsfnotes.com/litigation/2023/03/01/high-court-allows-claim-in-respect-of-secret-commissions-to-proceed-as-opt-out-representative-action-under-cpr-19-6/ • High Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal's control https://hsfnotes.com/litigation/2023/03/27/high-court-underlines-need-to-consider-scope-of-agency-in-considering-whether-documents-to-which-agent-has-access-are-in-principals-control/ • Court of Appeal confirms refusal of anti-suit injunction to restrain US s.1782 discovery application in libel proceedings https://hsfnotes.com/litigation/2023/03/02/court-of-appeal-confirms-refusal-of-anti-suit-injunction-to-restrain-us-s-1782-discovery-application-in-libel-proceedings/ • Court of Appeal finds disclosure to party’s US lawyers breached embargo on draft judgment, but no further steps taken https://hsfnotes.com/litigation/2023/02/01/court-of-appeal-finds-disclosure-to-partys-us-lawyers-breached-embargo-on-draft-judgment-but-no-further-steps-taken/ • Supreme Court finds no entitlement to payment in circumstances not addressed by express contractual terms https://hsfnotes.com/litigation/2023/02/14/supreme-court-finds-no-entitlement-to-payment-in-circumstances-not-addressed-by-express-contractual-terms/