Commercial Litigation EP20: General update

In this 20th episode of our series of commercial litigation update podcasts, we look at the High Court's decision dismissing ClientEarth's attempt to bring a derivative action against Shell's directors, the Supreme Court's rather dramatic recent decision on litigation funding agreements, a brief update on a development relating to representative actions, some interesting recent contract law cases, and a Supreme Court judgment which clarifies the extent of a bank's duties in paying out from customer accounts. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Sarah McNally, an insurance disputes partner, and Ceri Morgan, a professional support consultant in our banking litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court confirms refusal of permission for ClientEarth derivative action against Shell directors https://hsfnotes.com/litigation/2023/07/25/high-court-confirms-refusal-of-permission-for-clientearth-derivative-action-against-shell-directors/ • Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable https://hsfnotes.com/litigation/2023/07/26/supreme-court-decision-today-means-most-existing-uk-litigation-funding-agreements-likely-to-be-unenforceable/ • 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/ • Commercial Court finds indemnities covered negligence where no express reference https://hsfnotes.com/litigation/2023/06/22/commercial-court-finds-indemnities-covered-negligence-where-no-express-reference/ • Liability caps: importance of clear drafting https://hsfnotes.com/litigation/2023/07/10/liability-caps-importance-of-clear-drafting/ • Warranty & Indemnity insurance: claim failed as no breach of warranty established https://hsfnotes.com/litigation/2023/07/19/warranty-indemnity-insurance-claim-failed-as-no-breach-of-warranty-established/ • Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments https://hsfnotes.com/litigation/2023/07/14/supreme-court-clarifies-so-called-quincecare-duty-on-financial-institutions-executing-customer-payments/