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In this 27th episode of our series of commercial litigation update podcasts, we give updates on new legislative provisions relating to retained EU law, a decision refusing to allow a case to proceed as an "opt-out" representative actions under CPR 19.8, and a recent case that shows what can happen when parties disregard the rules on the preparation of trial witness statements. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Rachel Lidgate, a disputes partner, and John Lee, 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.

• Retained EU law (or "assimilated law"): New rules on interpretation and new reference procedures from 1 October https://www.herbertsmithfreehills.com/notes/litigation/2024-09/retained-eu-law-(or--assimilated-law-)--new-rules-on-interpretation-and-new-reference-procedures-from-1-october

• Representative actions under CPR 19.8: High Court strikes out claim for compensation on behalf of passengers in 116,000 delayed or cancelled flights https://www.herbertsmithfreehills.com/notes/litigation/2024-09/Representative-actions-high-court-strikes-out-claim-for-compensation-on-behalf-of-passengers-in-116,000-delayed-or-cancelled-flights

• Trial witness statements: High Court decisions highlight importance of compliance with Practice Direction 57AC https://www.herbertsmithfreehills.com/notes/litigation/2024-09/trial-witness-statements--high-court-decisions-highlight-importance-of-compliance-with-practice-direction-57ac