In this 16th episode of our series of commercial litigation update podcasts, we look at a couple of recent decisions relating to privilege, two interesting Court of Appeal decisions on good faith and force majeure respectively, and finally we discuss the recent Supreme Court decision in the BTI v Sequana case, which clarifies when directors owe obligations to consider the interests of creditors. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Richard Mendoza, a senior associate.

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

• Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege https://hsfnotes.com/litigation/2022/11/18/court-of-appeal-confirms-identity-of-those-instructing-lawyers-not-generally-protected-by-litigation-privilege/

• No privilege for original version of document simply because comparison to final version would reveal legal advice https://hsfnotes.com/litigation/2022/10/06/no-privilege-for-original-version-of-document-simply-because-comparison-to-final-version-would-reveal-legal-advice/

• Contractual duties of good faith: Court of Appeal confirms context is king https://hsfnotes.com/litigation/2022/11/29/contractual-duties-of-good-faith-court-of-appeal-confirms-context-is-king/

• Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to “overcome” force majeure event https://hsfnotes.com/litigation/2022/11/07/force-majeure-court-of-appeal-finds-party-was-required-to-accept-non-contractual-performance-in-exercising-reasonable-endeavours-to-overcome-force-majeure-event/

• Key Supreme Court insolvency ruling clarifies stance on creditor duties https://hsfnotes.com/litigation/2022/10/18/key-supreme-court-insolvency-ruling-clarifies-stance-on-creditor-duties/

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