Commercial litigation podcast series – Episode 6: General update

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 … Read more

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

The Court of Appeal has confirmed that a Damages-Based Agreement, or DBA, can include a clause which entitles the legal representative to payment on a time cost basis if the DBA is terminated before the conclusion of the litigation: Zuberi v Lexlaw Ltd [2021] EWCA Civ 16. DBAs, otherwise known as contingency fees, are a … Read more

Lloyds/HBOS litigation: judgment on costs and permission to appeal

The High Court has handed down judgment on costs issues and an application for permission to appeal, following on from the court’s rejection last year of the claims brought against Lloyds in a shareholder class action relating to its acquisition of HBOS in 2008: Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch). … Read more

Commercial litigation podcast series – Episode 3: General update

In this third episode of our series of commercial litigation update podcasts, we look at developments in disclosure and privilege since our February update, as well as some developments relating to costs and funding. This episode is hosted by Anna Pertoldi, who is joined by Maura McIntosh and Ajay Malhotra. Our podcast is available on … Read more