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.
Herbert Smith Freehills Podcasts · Commercial Litigation EP20: General update
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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
- 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
- Commercial Court finds indemnities covered negligence where no express reference
- Liability caps: importance of clear drafting
- Warranty & Indemnity insurance: claim failed as no breach of warranty established
- Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments
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