Commercial Litigation EP30: General update

In this 30th episode of our series of commercial litigation update podcasts, we will discuss some recent decisions on privilege, a couple of high-profile cases on aspects of insolvency litigation, and some interesting cases on assignment and remedies. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Andrew Cooke, a disputes partner, and Camilla Macpherson, a knowledge lawyer in the commercial litigation team.

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

• Litigation privilege: High Court finds privilege applies to valuation report prepared for potential company sale
• High Court dismisses late application for disclosure of transcripts of audio files despite rejecting claim for litigation privilege
• High Court rejects without prejudice privilege for audit report produced for purpose of settlement negotiations
• Supreme Court confirms broad interpretation of section 423 Insolvency Act 1986 relating to transactions defrauding creditors
• Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment 
• New claimant could not be substituted to breach of warranty claim where purported assignment ineffective
• Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss

Podcast transcript