This is the 35th episode of our series of commercial litigation update podcasts. In this episode we discuss some recent developments on litigation funding, opt-opt competition class actions and jurisdiction clauses, an important Privy Council decision on the "awareness requirement" in the tort of deceit, and the UK Jurisdiction Taskforce's draft legal statement on liability for harm resulting from AI. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by John Corrie, a banking litigation partner, and Camilla Macpherson, a knowledge lawyer in our disputes team.

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

• Public access to court documents: Commercial Court pilot https://www.hsfkramer.com/notes/litigation/2025-11/public-access-to-court-documents-commercial-court-pilot

• Government to legislate for enforceability of litigation funding agreements based on a share of damages https://www.hsfkramer.com/notes/litigation/2025-12/government-to-legislate-for-enforceability-of-litigation-funding-agreements-based-on-a-share-of-damages

• Supreme Court reshapes UK competition class actions landscape https://www.hsfkramer.com/notes/litigation/2025-12/supreme-court-reshapes-uk-competition-class-actions-landscape

• Commercial Court dismisses application for stay on basis of English jurisdiction clause and forum non conveniens waiver clause https://www.hsfkramer.com/notes/litigation/2026-01/commercial-court-dismisses-application-for-stay-on-basis-of-english-jurisdiction-clause-and-forum-non-conveniens-waiver-clause

• Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-overturns-high-courts-interpretation-of-deferred-consideration-clause/privy-council-holds-no-requirement-in-deceit-claimant-consciously-aware-representation

• UK Jurisdiction Taskforce consults on draft legal statement on liability for AI harms https://www.hsfkramer.com/notes/litigation/2026-01/uk-jurisdiction-taskforce-consults-on-draft-legal-statement-on-liability-for-ai-harms

See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep35-transcript-branded.pdf