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.
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 https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/
• Disputes after the end of the Brexit transition period: where are we now? https://hsfnotes.com/litigation/2020/12/16/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 https://hsfnotes.com/litigation/2021/01/06/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 https://hsfnotes.com/litigation/2021/01/27/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 https://hsfnotes.com/litigation/2021/01/19/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 https://hsfnotes.com/litigation/2021/02/02/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 https://hsfnotes.com/crt/2020/12/15/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 https://hsfnotes.com/crt/2020/12/11/supreme-court-remits-14bn-class-action-against-mastercard-back-to-competition-appeal-tribunal-for-reconsideration-of-certification/
