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Commercial litigation EP39: General update episode artwork

Sep 30, 2026 24 min

Commercial litigation EP39: General update

from Herbert Smith Freehills Kramer Podcasts Hosted by Herbert Smith Freehills Kramer Podcasts

This is the 39th episode of our series of commercial litigation update podcasts. In this episode we discuss an interesting decision on privilege and company directors, some important client resources on ADR and a couple of significant contract law decisions, on termination and the recovery of loss-of-bargain damages and force majeure. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Alexander Oddy, a disputes partner, and James Robson, an of counsel in our disputes team. Below you can find links to our blog posts on some of the developments and cases covered in this podcast. New third edition of our leading textbook Class Actions in England and Wales Creation of new Business and Property Division of the High Court announced High Court decision underlines need for investor-appointed directors to think carefully before disclosing the company's privileged material Herbert Smith Freehills Kramer relaunches ADR Practical Guides and Conflict Management Toolkit Supreme Court confirms award of loss of bargain damages following termination for non-repudiatory breach under express contractual provision High Court clarifies meaning of “unforeseeable” in force majeure clause Read episode transcript here.

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This is the 39th episode of our series of commercial litigation update podcasts. In this episode we discuss an interesting decision on privilege and company directors, some important client resources on ADR and a couple of significant contract law decisions, on termination and the recovery of loss-of-bargain damages and force majeure. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Alexander Oddy, a disputes partner, and James ...

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Commercial litigation EP39: General update

0:00 24:00

Chapters

  1. 0:00 Welcome And Quick Legal Updates
  2. 2:38 Privilege And Investor Directors
  3. 5:59 ADR Guides And Conflict Toolkit
  4. 11:14 Termination Rights And Bargain Loss
  5. 18:31 Force Majeure And Unforeseeable Events
  6. 23:38 Key Takeaways And Closing

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This episode is 24 minutes long.

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This episode was published on September 30, 2026.

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