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 https://www.herbertsmithfreehills.com/notes/litigation/2025-03/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 https://www.herbertsmithfreehills.com/notes/litigation/2025-03/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 https://www.herbertsmithfreehills.com/notes/litigation/2025-03/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 https://www.herbertsmithfreehills.com/notes/litigation/2025-02/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 https://www.herbertsmithfreehills.com/notes/litigation/2025-02/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 https://www.herbertsmithfreehills.com/notes/litigation/2025-02/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 https://www.herbertsmithfreehills.com/notes/litigation/2025-02/court-of-appeal-upholds-decision-to-reduce-damages-to-reflect-benefit-claimant-received-as-a-result-of-steps-taken-to-mitigate-its-loss

Link to podcast transcript: https://marketing.hsf.com/20/33497/landing-pages/commercial-litigation-podcast-transcript-ep30.pdf

See podcast episode transcript here - https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-transcript-ep31.pdf