Commercial Litigation EP10: General update

In this 10th episode of our series of commercial litigation update podcasts, we give an update on recent developments relating to privilege, the disclosure pilot, representative actions, and two recent Supreme Court decisions on liquidated damages and lawful act economic duress respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Sam Heitlinger, an associate.Below you can find links to our blog posts on the developments and cases covered in this podcast.Our new legal privilege client toolPrivilege not lost despite opponent having wholesale access to email accounts containing the privileged materialHigh Court orders disclosure of lawyer’s attendance note alluded to in claimant’s witness statementHigh Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure PilotDisclosure Pilot to be extended for a further year and the procedures streamlinedCourt of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6Supreme Court restores orthodox approach to liquidated damages for delay where work never completedSupreme Court clarifies requirements for tort of lawful act economic duress