Commercial Litigation EP28: General update

Herbert Smith Freehills Podcasts

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.
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