Commercial litigation podcast series – Episode 28: General update

In this 28th episode of our series of commercial litigation update podcasts, we give updates on developments relating to representative actions and litigation funding, a couple of interesting contract law cases, on waiver of contractual rights to terminate and the interplay between a liability cap and set-off, and a Court of Appeal decision relating to liability for secret commissions in the motor finance context, which has potentially broader implications. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by James Farrell, a disputes partner, and Nic Patmore, a senior associate in our disputes team.

Our podcast is available on iTunes, Spotify and SoundCloud and can be accessed on all devices. A new episode is 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 most of the developments and cases covered in this podcast.

• Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to wait
• Civil Justice Council publishes Interim Report and Consultation on Litigation Funding
• High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months 
• Court of Appeal finds contractual cap had to be applied to each party's liability before set-off
• Court of Appeal finds lenders liable in motor finance broker commission cases