Commercial Litigation EP21: General update

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. 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” https://hsfnotes.com/litigation/2023/10/30/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 https://hsfnotes.com/litigation/2023/08/01/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 https://hsfnotes.com/litigation/2023/09/25/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 £100,000 https://hsfnotes.com/litigation/2023/10/02/regime-of-fixed-recoverable-costs-now-in-force-for-claims-up-to-100000/ • 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 https://hsfnotes.com/litigation/2023/10/12/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 https://hsfnotes.com/litigation/2023/10/17/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” https://hsfnotes.com/litigation/2023/10/20/carillion-director-disqualification-proceedings-insolvency-service-drops-proceedings-against-non-executive-directors-in-so-called-test-case/