In this 28th episode of our series of commercial litigation update podcasts, we give updates on developments relating to representative actions and litigation funding, a couple of interesting contract law cases, on waiver of contractual rights to terminate and the interplay between a liability cap and set-off, and a Court of Appeal decision relating to liability for secret commissions in the motor finance context, which has potentially broader implications. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by James Farrell, a disputes partner, and Nic Patmore, a senior associate in our disputes team.

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

• Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to waithttps://www.herbertsmithfreehills.com/notes/litigation/2024-10/representative-actions-under-cpr-19-8-settlement-means-key-questions-on-funding-and-damages-will-have-to-wait

• Civil Justice Council publishes Interim Report and Consultation on Litigation Funding https://www.herbertsmithfreehills.com/notes/litigation/2024-10/civil-justice-council-publishes-interim-report-and-consultation-on-litigation-funding

• High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months https://www.herbertsmithfreehills.com/notes/litigation/2024-11/high-court-finds-party-did-not-waive-contractual-right-to-terminate-despite-continuing-to-perform-contract-for-six-months

• Court of Appeal finds contractual cap had to be applied to each party's liability before set-off %09https:/www.herbertsmithfreehills.com/notes/litigation/2024-11/court-of-appeal-finds-contractual-cap-had-to-be-applied-to-each-party-s-liability-before-set-off

• Court of Appeal finds lenders liable in motor finance broker commission cases https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Court-of-Appeal-finds-lender-liable-in-motor-finance-broker-commission-cases-