Commercial Litigation EP20: General update

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.Below you can find links to our blog posts on the developments and cases covered in this podcast.Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceableHigh Court confirms refusal of permission for ClientEarth derivative action against Shell directorsHigh Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6Commercial Court finds indemnities covered negligence where no express referenceLiability caps: importance of clear draftingWarranty & Indemnity insurance: claim failed as no breach of warranty establishedSupreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments