Commercial Litigation EP32: General update

This is the 32nd episode of our series of commercial litigation update podcasts. In this episode we discuss recent judgments on privilege, litigation funding agreements, security for costs, the impact of sanctions on court orders and a couple of interesting contract law decisions, on good faith and contractual certainty, and an upcoming pilot on public access to court documents. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by James Baily, a disputes partner, and Jay Tampi, a senior associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders https://www.hsfkramer.com/notes/litigation/2025-07/privy-council-abrogates-so-called-shareholder-rule-under-english-law-companies-can-assert-privilege-against-their-shareholders • Court of Appeal confirms litigation funding agreements are not DBAs if based on a multiple of funding rather than a percentage of damages https://www.hsfkramer.com/notes/litigation/2025-07/court-of-appeal-confirms-litigation-funding-agreements-are-not-dbas-if-based-on-a-multiple-of-funding-rather-than-a-percentage-of-damages • High Court finds there is no discretion to order security for costs in favour of an interested party https://www.hsfkramer.com/notes/litigation/2025-06/high-court-finds-there-is-no-discretion-to-order-security-for-costs-in-favour-of-an-interested-party • High Court declines to vary interim payment order despite sanctions concerns https://www.hsfkramer.com/notes/litigation/2025-07/high-court-declines-to-vary-interim-payment-order-despite-sanctions-concerns • High Court finds breach of express obligations of good faith but no loss https://www.hsfkramer.com/notes/litigation/2025-07/high-court-finds-breach-of-express-obligations-of-good-faith-but-no-loss • Agreements to agree: Court of Appeal finds supply contract enforceable despite leaving price to be fixed https://www.hsfkramer.com/notes/litigation/2025-07/agreements-to-agree-court-of-appeal-finds-supply-contract-enforceable-despite-leaving-price-to-be-fixed See podcast episode transcript here: https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-ep32-transcript.pdf