Herbert Smith Freehills Kramer Podcasts

Commercial Litigation EP36: General update


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This is the 36th episode of our series of commercial litigation update podcasts. In this episode we discuss class actions, AI, a number of privilege cases including one of the most important decisions in that area in the past few years, and an interesting decision on service of proceedings. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Julian Copeman, a disputes partner, and Tracey Lattimer, 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.
• Law Commission to consider introduction of opt-out consumer class actions regime https://www.hsfkramer.com/notes/litigation/2026-04/law-commission-to-consider-introduction-of-opt-out-consumer-class-actions-regime
• Cross-examining AI – Episode 1: Civil Justice Council AI consultation and latest developments in AI and privilege https://www.hsfkramer.com/notes/litigation/2026-03/cross-examining-ai-episode-1-civil-justice-council-ai-consultation-and-latest-developments-in-ai-and-privilege
• US courts find privilege applies to use of public AI tools by self-represented litigants https://www.hsfkramer.com/notes/litigation/2026-04/us-courts-find-privilege-applies-to-use-of-public-ai-tools-by-self-represented-litigants
• Upper Tribunal finds privilege applied to whether Boris Johnson sought legal advice on the lawfulness of the Covid-19 lockdown https://www.hsfkramer.com/notes/litigation/2026-04/upper-tribunal-finds-privilege-applied-to-whether-boris-johnson-sought-legal-advice-on-the-lawfulness-of-the-covid-19-lockdown
• High Court finds company could not assert privilege against former director over legal advice she had seen at the time https://www.hsfkramer.com/notes/litigation/2026-03/high-court-finds-company-could-not-assert-privilege-against-former-director-over-legal-advice-she-had-seen-at-the-time
• High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications https://www.hsfkramer.com/notes/litigation/2026-04/high-court-finds-legal-advice-privilege-is-not-limited-to-lawyer-client-communications-but-extends-to-intra-client-communications
• Court of Appeal finds English courts lack jurisdiction over sanctioned individual who is not permitted to enter the UK https://www.hsfkramer.com/notes/litigation/2026-03/court-of-appeal-finds-english-courts-lack-jurisdiction-over-sanctioned-individual-who-is-not-permitted-to-enter-the-uk
See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep36-transcript.pdf
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