Commercial Litigation EP24: General update

In this 24th episode of our series of commercial litigation update podcasts, we look at the Civil Justice Council's review of the litigation sector, a recent development in a case on representative actions, an important recent Supreme Court decision on force majeure clauses, and a couple of cases on privilege and disclosure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Emma Deas, a disputes partner, and Charlotte Benton, a senior associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Civil Justice Council establishes review of third party litigation funding https://hsfnotes.com/litigation/2024/04/24/civil-justice-council-establishes-review-of-third-party-litigation-funding/ • Representative actions under CPR 19.8: High Court to consider important questions relating to funding and damages for class members https://hsfnotes.com/litigation/2024/04/05/representative-actions-under-cpr-19-8-high-court-to-consider-important-questions-relating-to-funding-and-damages-for-class-members/ • Force majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty’s offer of non-contractual performance https://hsfnotes.com/litigation/2024/05/15/force-majeure-supreme-court-finds-no-obligation-on-party-seeking-to-rely-on-force-majeure-clause-to-accept-counterpartys-offer-of-non-contractual-performance/ • Collateral waiver of privilege: High Court finds disclosure of chronology prepared by lawyer results in broader waiver https://hsfnotes.com/litigation/2024/04/08/collateral-waiver-of-privilege-high-court-finds-disclosure-of-chronology-prepared-by-lawyer-results-in-broader-waiver/ • High Court considers whether third party’s documents are in party’s practical control for disclosure purposes https://hsfnotes.com/litigation/2024/04/10/high-court-considers-whether-third-partys-documents-are-in-partys-practical-control-for-disclosure-purposes/