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This is the 38th episode of our series of commercial litigation update podcasts. In this episode we discuss privilege, including a recent case on privilege and litigation funding, disclosure, court organisation, and the question of when a third party's fraud will break the chain of causation. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Angela Liu and David Shepherd, two senior associates in our disputes team.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• 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
• Disclosure Review Working Group considering simplification of PD 57AD disclosure regime following survey https://www.hsfkramer.com/notes/litigation/2026-05/disclosure-review-working-group-considering-simplification-of-pd-57ad-disclosure-regime-following-survey
• Creation of new Business and Property Division of the High Court announced https://www.hsfkramer.com/notes/litigation/2026-06/creation-of-new-business-and-property-division-of-the-high-court-announced
• Court of Appeal holds fraudsters' intervention broke chain of causation https://www.hsfkramer.com/notes/cf/2026-posts/court-of-appeal-holds-fraudsters-intervention-broke-chain-of-causation
• Litigation funding and privilege: High Court finds litigation privilege does not apply to communications prepared to enable funders to assess whether to support a claim https://www.hsfkramer.com/notes/litigation/2026-06/litigation-funding-and-privilege-high-court-finds-litigation-privilege-does-not-apply-to-communications-prepared-to-enable-funders-to-assess-whether-to-support-a-claim
See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep38-transcript.pdf
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• 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
• Disclosure Review Working Group considering simplification of PD 57AD disclosure regime following survey https://www.hsfkramer.com/notes/litigation/2026-05/disclosure-review-working-group-considering-simplification-of-pd-57ad-disclosure-regime-following-survey
• Creation of new Business and Property Division of the High Court announced https://www.hsfkramer.com/notes/litigation/2026-06/creation-of-new-business-and-property-division-of-the-high-court-announced
• Court of Appeal holds fraudsters' intervention broke chain of causation https://www.hsfkramer.com/notes/cf/2026-posts/court-of-appeal-holds-fraudsters-intervention-broke-chain-of-causation
• Litigation funding and privilege: High Court finds litigation privilege does not apply to communications prepared to enable funders to assess whether to support a claim https://www.hsfkramer.com/notes/litigation/2026-06/litigation-funding-and-privilege-high-court-finds-litigation-privilege-does-not-apply-to-communications-prepared-to-enable-funders-to-assess-whether-to-support-a-claim
See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep38-transcript.pdf
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