Commercial litigation podcast series – Episode 6: General update

In this sixth episode of our series of commercial litigation update podcasts, we briefly outline the impact of Brexit on disputes and dispute resolution clauses, focusing on practical points for commercial parties. We also look at some developments on privilege and funding, as well as an update on witness evidence reform, and finally we consider the outlook for competition class actions, particularly in light of the Supreme Court decision in the Mastercard case shortly before Christmas. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Daniel Woods, a senior associate.

Our podcast is available on iTunes, Spotify and SoundCloud and can be accessed on all devices. A new episode will be released every couple of months. You can subscribe and be notified of all future episodes.

Below you can find links to our blog posts on the developments and cases covered in this podcast:

• Brexit: key practical implications for disputes and dispute resolution clauses
• Disputes after the end of the Brexit transition period: where are we now?
• High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice
• Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs
• Court of Appeal confirms regulations governing Damages-Based Agreements (DBAs) do not preclude terms providing for payment of time costs on termination, nor do they preclude hybrid arrangements
• Witness evidence reforms: final versions now published and will apply from 6 April
• Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues
• Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification