In this 21st episode of our series of commercial litigation update podcasts, we look at developments relating to litigation funding since the Supreme Court's dramatic decision in Paccar in late July, as well as brief updates on ADR, pre-action conduct and costs. We also discuss developments relating to Russian sanctioned parties, and the disqualification proceedings brought against former non-executive directors of Carillion which came to an abrupt end when the claim was dropped shortly before trial.

This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Ajay Malhotra, a disputes partner, and Richard Mendoza, a senior associate in our disputes team.

Our podcast is available on iTunes, Spotify and SoundCloud and can be accessed on all devices. A new episode is released every couple of months. You can subscribe and be notified of all future episodes.

Below you can find links to our blog posts on the developments and cases covered in this podcast.

    Litigation funding agreement may be enforceable in part despite Paccar decision: High Court finds there is "serious issue to be tried"
  • UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector
  • Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider more flexible bespoke protocol for commercial cases
  • Regime of fixed recoverable costs now in force for claims up to Ł100,000
  • Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the "ownership and control" test
  • Trilogy of decisions shows English courts' approach to granting anti-suit injunctions in support of foreign-seated arbitrations
  • Carillion director disqualification proceedings - Insolvency Service drops proceedings against non-executive directors in so-called "test case"
  • The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Ms Maura McIntosh
Herbert Smith Freehills
Exchange House
Primrose Street

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