Rounding off our TechQuake series tackling the high-impact technologies shaking up business and society, our two-part discussion explores the development of a host of emerging tools and platforms in a period in which such advances have often dominated the headlines. Joining forces with our Emerging Technology Group, the discussion looks back on the developments in The Metaverse, Crypto Assets and AI since the series launched a year ago, as well as considering likely future developments in these fast-moving – and often controversial – fields.

TechQuake: EP1 – The Metaverse and Crypto Assets

Merger clearance reform. Tony Damian and Andrew Rich are joined by Stephanie Panayi as they examine the key issues and offers some thoughts for the Competition Taskforce.

Himalayan Bites: EP24 Update on merger reform with Stephanie Panayi, HSF

Under the so-called identification doctrine, companies could previously only be held criminally liable for a criminal offence requiring a particular mental state (e.g. knowledge, dishonesty etc.) if the mental state of a person representing the company's "directing mind and will" could be attributed to the company. In response to suggestions that the doctrine did not adequately deal with the realities of corporate structures, making it disproportionately difficult to prosecute large organisations for wrongdoing committed by their employees,  Parliament enacted the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), which introduced a new statutory route to attributing criminal liability to a corporate. Under new provisions which came into force in December 2023, a corporate can be liable where a ‘senior manager’, acting with their actual or apparent authority, commits a listed economic crime offence. In this episode, Elizabeth Head, Eamon McCarthy-Keen, and Jessica Chappatte discuss the background to the reforms, the new provisions of the ECCTA 2023, and the implications for businesses of this expanded route to corporate criminal liability.

You can also read our briefing on this topic, which is available on our blog: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2023-06/further-uk-corporate-criminal-liability-reform-corporates-may-be-liable-for-actions-of-senior-managers

The Fraud Files: Decoding the Economic Crime Act EP6: Identification doctrine reform

It’s the second episode of the HSF FSR Brief and this time the subject is the ongoing motor finance commissions saga. Jon Ford, Michael Tan, and Jack Moore discuss what the FCA has been up to, what is going on with its review into the industry, the links to claims due to be heard in the Supreme Court, and what might happen next.  

For background on motor finance commission, read our November 2024 note here: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2024-posts/Court-of-Appeal-finds-lender-liable-in-motor-finance-broker-commission-cases-

FSR Brief EP2: Motor Finance: Where are we and where next?

In this episode, we cross examine Mark Rigotti, Managing Director and Chief Executive Officer of the Australian Institute of Company Directors (AICD), technically the largest director institute in the world with 53,000 members.

Mark has had a remarkable career, including as Global CEO at Herbert Smith Freehills for two terms over 2014-2020 (based in London). He was also Chair of the firm's Global Executive, Chair of the Global Diversity & Inclusion Group and a Member of the HSF Global Partnership Council. 

Prior to becoming the Global CEO of HSF, he led a number of practice groups including the Banking and Finance Group as well as the Corporate Group. 

In this podcast we go deep into cyber governance, we look at the role of the AICD, the challenges faced by the board before / during an incident, how you measure risk for your businesses and make risk based decisions. 

We also take a closer look at trust at the board table – both between directors and between management. I had to ask Mark about the role of the lawyer in cyber…his observations are spot on.

Thanks again for listening. This is Cross Examining Mark Rigotti, CEO of the AICD. Here we go…

Cross Examining Cyber EP16: Cross Examining Mark Rigotti

In the first episode of the podcast, hosted by Steve Bell and Nerida Jessup, we focus on a contemporary issue for Australian workplaces - psychosocial health and safety. Traditionally centred on physical risks, there has been a significant shift over the past five years towards managing non-physical risks such as bullying and sexual harassment. This now includes considerations on how work is performed, allocated, and designed to help employees thrive. 

This episode highlights the increased regulation and enforcement in this area more recently, emphasising the need for developing risk registers to identify psychosocial risks and implementing consistent controls. It also notes the growing expectation for HR and people and culture teams to adopt the language of work health and safety and risk management, offering practical tips on how to effectively manage these changes.

Recorded 24 June 2025

Inside Safety (Australia) EP1: Psychosocial health and safety

This is the 32nd episode of our series of commercial litigation update podcasts. In this episode we discuss recent judgments on privilege, litigation funding agreements, security for costs, the impact of sanctions on court orders and a couple of interesting contract law decisions, on good faith and contractual certainty, and an upcoming pilot on public access to court documents. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by James Baily, a disputes partner, and Jay Tampi, a senior associate in our disputes team.

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

•	Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders https://www.hsfkramer.com/notes/litigation/2025-07/privy-council-abrogates-so-called-shareholder-rule-under-english-law-companies-can-assert-privilege-against-their-shareholders

•	Court of Appeal confirms litigation funding agreements are not DBAs if based on a multiple of funding rather than a percentage of damages https://www.hsfkramer.com/notes/litigation/2025-07/court-of-appeal-confirms-litigation-funding-agreements-are-not-dbas-if-based-on-a-multiple-of-funding-rather-than-a-percentage-of-damages

•	High Court finds there is no discretion to order security for costs in favour of an interested party https://www.hsfkramer.com/notes/litigation/2025-06/high-court-finds-there-is-no-discretion-to-order-security-for-costs-in-favour-of-an-interested-party

•	High Court declines to vary interim payment order despite sanctions concerns https://www.hsfkramer.com/notes/litigation/2025-07/high-court-declines-to-vary-interim-payment-order-despite-sanctions-concerns

•	High Court finds breach of express obligations of good faith but no loss https://www.hsfkramer.com/notes/litigation/2025-07/high-court-finds-breach-of-express-obligations-of-good-faith-but-no-loss

•	Agreements to agree: Court of Appeal finds supply contract enforceable despite leaving price to be fixed https://www.hsfkramer.com/notes/litigation/2025-07/agreements-to-agree-court-of-appeal-finds-supply-contract-enforceable-despite-leaving-price-to-be-fixed

See podcast episode transcript here: https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-ep32-transcript.pdf

Commercial Litigation EP32: General update

This is the 33rd episode of our series of commercial litigation update podcasts. In this episode we give updates on the anticipated pilot on public access to court documents, two consultations relating to class actions and high-volume claims, and the Singapore Convention on international mediated settlements. We also discuss a couple of recent Court of Appeal decisions on contract law issues and the Supreme Court's decision in the motor finance commission appeal This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Natasha Johnson, a disputes partner, and Ceri Morgan, a knowledge counsel in our banking litigation team.

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

•	Solicitors Regulation Authority reviews high-volume consumer claims sector https://www.hsfkramer.com/notes/litigation/2025-09/solicitors-regulation-authority-reviews-high-volume-consumer-claims-sector

•	Ministry of Justice consults on implementation of Singapore Convention on international mediated settlements https://www.hsfkramer.com/notes/adr/2025-posts/ministry-of-justice-consults-on-implementation-of-singapore-convention-on-international-mediated-settlements

•	Court of Appeal confirms court has no jurisdiction despite English jurisdiction clauses as defendants were not parties to relevant contracts as undisclosed principals https://www.hsfkramer.com/notes/litigation/2025-07/court-of-appeal-confirms-court-has-no-jurisdiction-despite-english-jurisdiction-clauses-as-defendants-were-not-parties-to-relevant-contracts-as-undisclosed-principals

•	Court of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreement https://www.hsfkramer.com/notes/litigation/2025-09/court-of-appeal-finds-binding-contract-concluded-by-exchange-of-emails-despite-referring-to-preparation-of-formal-agreement

•	Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms https://www.hsfkramer.com/notes/bankinglitigation/2025-08/supreme-court-decision-in-hopcraft-motor-finance-commission-appeal

See podcast episode transcript here: https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-ep33-transcript.pdf

Commercial litigation EP33: General update

In part one of our Inside Safety podcast series exploring directors’ duties, Steve Bell, Aaron Anderson and Olga Klimczak delve into the evolving case law on responsibilities of officers under the Model Work Health and Safety laws and internationally. 

Through recent case law updates, the episode unpacks the key legal principles and explores the practical implications for directors. We analyse how directors can assess whether they’ve met their duty - by understanding the risks that occur within their business operations, applying appropriate resources, and verifying the effectiveness of controls. The discussion then offers practical insights into what reasonable steps look like, including the extent to which directors can reasonably rely on others within the business, and the importance of maintaining documentation as evidence of challenge and oversight. 

With regulators increasingly focused on senior leadership, this episode is a timely call to action for boards to move beyond paper obligations and engage meaningfully with safety governance.

Inside Safety (Australia) EP3: Directors' Duties - Part 1 in Inside Safety (Australia)

In this podcast, we explore class actions procedures and trends in the US, and what similarities and differences there are with England and Wales. The episode is hosted by Alan Watts, a partner in our disputes team in London and joint head of our global class actions group. He is joined by two disputes partners in our New York office who have extensive experience of dealing with class action litigation: Eileen Patt, who focuses on advertising disputes, and Maxwell Herman, who focuses on product liability and ESG litigation.

This is the first in a 'mini-series' of two episodes. We will be back with a second episode exploring the class actions landscape in Australia.

For a more in-depth analysis see Class actions radar: United States https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks/us, which is part of our report on the global class actions landscape, Class actions radar: scanning global trends and risks https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks/us.

The class actions landscape: US class actions

This podcast explores delivering social value within the living sector, including through regeneration and impactful development. 

Speakers: 
•	Jasmine Ceccarelli-Drewry, Director, Place Advisory & Social Impact, Avison Young
•	Katherine Hosea, Project Director, London Legacy Development Corporation
•	Carolyn Milligan, Partner, HSF Kramer 
•	Gabrielle Coppack, Knowledge Lawyer, HSF Kramer

Going for green in real estate sectors EP2: Living sector

The FSR Brief is back following an extended summer break, and top of the agenda is the FCA's proposal for a redress scheme which seeks to draw a line under the long running saga around the disclosure of motor finance commission. Jon Ford, Michael Tan, and Jack Moore discuss the scope of the scheme, what firms should be thinking about and what this means for the FCA's approach to redress more generally.

For a high level view, you can read our summary of the FCA's proposal [https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/fca-consults-on-motor-finance-compensation-scheme]. For the full background, you can catch up on our previous FSR Brief podcast [https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/motor-finance--where-are-we-and-where-next] on motor finance from January 2025,  and the special edition of Banking Litigation podcast [www.hsfkramer.com/notes/bankinglit…-special-edition] covering the Supreme Court's decision in August 2025. Our views on the FCA's consultation on the approach to redress more generally can be found on our blog [www.hsfkramer.com/notes/fsrandcorp…asonable-changes].

FSR Brief EP9: Motor Finance redress proposal – beginning of the end?

In this episode of Inside Employment, hosts Drew Pearson, Lucy Boyd, and Stephanie Blancquart unpack the evolving landscape of diversity, equity and inclusion (DEI) in the workplace. They explore the growing regulatory momentum in Australia – particularly the upcoming Gender Undervaluation awards review at the Fair Work Commission – and what it means for employers navigating modern award obligations and pay gap reporting.

The discussion also touches on the global shift away from traditional DEI initiatives, contrasting it with Australia’s intensifying focus on systemic reform. With key decisions expected to roll out from November into the new year, this episode offers insights for employers preparing for change.

Inside Employment (Australia) EP5: DEI update: global trends, modern awards and pay gap reporting

In this episode, we cross examine Carolyn Pugsley, Christine Wong, and Peter Jones, Partners at Herbert Smith Freehills Kramer, and key members of our incident response team. We have all worked closely on some of the region's most significant cyber attacks.
 
In this podcast we talk about the most critical legal issues confronting corporates in Australia, in light of the current cyber threat landscape. We discuss director duties, disclosure, the use of privilege, the rise of the cyber injunction and third party / supply chain management. 
 
It was a privilege to curate this discussion. Every time I speak with Carolyn, Christine and Peter…I learn more. I’m sure you’ll get a lot out of this discussion. 
 
This is cross-examining Cazz, Christine and PJ. Here we go…

Cross Examining Cyber EP19: Cross Examining Carolyn Pugsley, Christine Wong and Peter Jones

In this podcast, we explore class actions procedures and trends in Australia, and what similarities and differences there are with England and Wales. The episode is hosted by Rachel Lidgate, a partner in our disputes team in London. She is joined by two disputes partners in our Australian offices who have extensive experience of dealing with class action litigation, Jason Betts and Aoife Xuereb.

For a more in-depth analysis see Class actions radar: Australia https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks/australia, which is part of our report on the global class actions landscape, Class actions radar: scanning global trends and risks https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks

See also our 2024 survey Rethinking risk: Inside Class Actions in Australia https://www.hsfkramer.com/insights/2024-09/rethinking-risk-inside-class-actions

This podcast is the second half of our mini-series looking at the class actions landscape in the US and Australia. The US episode is available here https://www.hsfkramer.com/notes/litigation/2025-10/the-class-actions-landscape-us-class-actions.

The class actions landscape: Australian class actions

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Tom Wyer.

You can find links to our blog posts on the case covered in this podcast below:

•	Court of Appeal finds PSP liable for deceitful representations made by agent acting with apparent/ostensible authority https://www.hsfkramer.com/notes/bankinglitigation/2025-09/court-of-appeal-finds-psp-liable-for-deceitful-representations-made-by-agent-acting-with-apparent-ostensible-authority

•	High Court finds investment bank entitled to success fee under mandate executed by company's agent acting with apparent authority https://www.hsfkramer.com/notes/bankinglitigation/2025-09/high-court-finds-investment-bank-entitled-to-success-fee-under-mandate-executed-by-companys-agent-acting-with-apparent-authority

•	High Court holds that exercise of rights under charge document is not subject to Braganza duty https://www.hsfkramer.com/notes/bankinglitigation/2025-09/high-court-holds-that-exercise-of-rights-under-charge-document-is-not-subject-to-braganza-duty

•	High Court finds "retrieval duty" arguable against sending bank in an APP fraud context https://www.hsfkramer.com/notes/bankinglitigation/2025-09/high-court-finds-retrieval-duty-arguable-against-sending-bank-in-an-app-fraud-context

•	Court of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreement https://www.hsfkramer.com/notes/litigation/2025-09/court-of-appeal-finds-binding-contract-concluded-by-exchange-of-emails-despite-referring-to-preparation-of-formal-agreement

•	FSR Brief EP9: Motor Finance redress proposal - beginning of the end?  https://www.lexology.com/library/detail.aspx?g=51fabee4-935b-4b4f-b72c-3f6f72d8e56e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2025-10-17&utm_term=

•	Solicitors Regulation Authority reviews high-volume consumer claims sector https://www.hsfkramer.com/notes/bankinglitigation/2025-09/solicitors-regulation-authority-reviews-high-volume-consumer-claims-sector

•	Biannual Banking Litigation Update (Autumn 2025) https://www.hsfkramer.com/notes/bankinglitigation/2025-09/bi-annual-banking-litigation-update-autumn-2025

Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

Banking Litigation Podcast EP56: Monthly Update – September/October 2025

In the first episode of our new podcast series 'The future of wealth management' we explore how AI is redefining value, client expectations, and regulatory priorities in wealth management. Join our hosts, Marina Reason, Ian Thomas, and John Mathew who break down how the industry is adapting to an evolving regulatory and technological landscape, and the key risks and opportunities which lie ahead. 

Read our Global Bank Review 2025 here: https://www.hsfkramer.com/insights/reports/2025/global-bank-review-2025

The future of wealth management episode 1: The impact of GenAI on wealth management

In this episode of the Herbert Smith Freehills Kramer Tax Bites podcast, Isaac Morgan, Mark Peters and Toby Eggleston discuss the recent Australian High Court decision in G Global against the Commissioner of State Revenue. 

The conversation delves into the background, statutory setup, and arguments presented in the case, exploring the implications for foreign investors and potential future legal challenges. The episode also examines retrospective tax amendments and their broader impacts on taxation law. 

00:10 Introduction 
01:06 Background Facts and Statutory Setup 
04:19 High Court's Consideration of the Arguments 
08:56 Implications of the Decision 
19:48 Options for Foreign Investors 
22:07 Closing Thoughts and Conclusion

Link to HSF Kramer tax note: https://www.hsfkramer.com/notes/taxaustralia/2025-posts/decision-alert-high-court-confirms-validity-of-foreign-surcharges

Tax Bites EP17: High Court Validates Foreign Surcharge Land Taxes: Implications and Analysis

The real estate landscape is shifting fast, bringing challenges that developers, investors and occupiers cannot afford to ignore. This podcast features a discussion between the real estate dispute resolution team at Herbert Smith Freehills Kramer, who have pooled their decades of experience into a forward-looking guide – Forearmed 2026 - focusing on 10 key areas where real estate disputes are most likely in 2026 and beyond. In this podcast, the team discuss their key predictions from the guide, which can be read in full here: https://marketing.hsfkramer.com/20/33497/landing-pages/forearmed-2026.pdf

Speakers: Matthew Weal, Frances Edwards, Graeme Robertson, Shanna Davison, Hugh Le Gear and Leon Culot - Herbert Smith Freehills Kramer

Forearmed 2026: what's coming for UK real estate disputes?

This podcast explores how ESG and energy challenges are being addressed in data centre design and development, with a focus on innovation during the AI boom.

Speakers: Tim Healey - Partner, HSF Kramer, JP Attlee – Senior Associate,  HSF Kramer, Ben Worth, Senior Legal Counsel, Global Switch, Steven Parker – Solutions Engineering Director, Global Switch

Going for green in real estate sectors EP3: Data Centres in the AI era

This is the 34th episode of our series of commercial litigation update podcasts. In this episode we discuss the upcoming pilot on public access to court documents, the new disclosure survey, and some important decisions on service of proceedings, termination of contracts, contractual interpretation and conditions precedent. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by James Farrell, a disputes partner, and Chris Cox, a senior associate in our disputes team.

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

•	UK Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026 https://www.hsfkramer.com/notes/litigation/2025-10/commercial-court-pilot-will-mean-many-more-court-documents-publicly-available-by-default-from-1-january-2026

•	Disclosure Review Working Group seeks views on disclosure under PD 57AD https://www.hsfkramer.com/notes/litigation/2025-11/disclosure-review-working-group-seeks-views-on-disclosure-under-pd-57ad

•	Court of Appeal confirms defendant not required to take any steps in proceedings unless claim form validly served in time https://www.hsfkramer.com/notes/litigation/2025-10/court-of-appeal-confirms-defendant-not-required-to-take-any-steps-in-proceedings-unless-claim-form-validly-served-in-time

•	Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-confirms-party-cannot-waive-contractual-right-to-terminate-unless-it-is-actually-aware-of-the-right

•	Court of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provision https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-finds-loss-of-bargain-damages-were-available-on-termination-for-non-repudiatory-breach-of-contract-under-express-contractual-provision

•	Court of Appeal overturns High Court’s interpretation of deferred consideration clause https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-overturns-high-courts-interpretation-of-deferred-consideration-clause

•	Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach https://www.hsfkramer.com/notes/litigation/2025-11/supreme-court-finds-there-is-no-principle-in-english-law-that-a-condition-precedent-to-payment-of-a-debt-will-be-deemed-fulfilled-if-fulfilment-was-prevented-by-a-partys-own-breach

See podcast episode transcript here: https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-ep34-transcript(2).pdf

Commercial litigation EP34: General update

In this episode, we cross examine Dr Bruce Tonkin, Chief Executive Officer at auDA. Dr Tonkin is one of Australia’s true internet pioneers and has been at the forefront of the cyber security discourse in Australia for a number of decades.
 
He is now the CEO at .au Domain Administration, the organisation endorsed by the Australian Government to manage the .au domain.
 
We had a great conversation, talking about Bruce’s career journey (and the evolution of the internet here in Australia), the role of auDA and the importance of protection of the .au domain. You may be surprised how much we depend on auDA as part of our interconnected business community. We also talk to the effective role of a lawyer in a cyber incident.
 
Bruce also shared some really interesting insights into the global domain space, including the unexpected economic benefits of having a country code like “tv” or “ai”. Fascinating!
 
It was a privilege to speak with Bruce. Thanks again for listening. This is Cross Examining Dr Bruce Tonkin.  Here we go…

Cross Examining Cyber EP20: Cross Examining Dr Bruce Tonkin (CEO of auDA)

In the third episode of our 'Future of wealth management' podcast series, Barney Hinnigan, Marina Reason and Chris Hurn consider the FCA's findings from its multi-firm review of consolidation in the financial advice and wealth management sector. We also discuss the review findings in a related blogpost – see Wealth consolidation - FCA review findings https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/wealth-consolidation-fca-review-findings

Speakers: Barney Hinnigan, Partner, Corporate, Marina Reason, Partner, Financial Services Regulatory, Chris Hurn, Of Counsel, Financial Services Regulatory

Future of wealth management: Takeaways for wealth consolidators

In the second episode of our 'Future of wealth management' podcast series, Marina Reason and Aurell Taussig consider the impact of the Budget on the wealth management sector.

Speakers: Marina Reason, Partner, Financial Services Regulation and Aurell Taussig, Partner, Tax

Future of wealth management: Budget breakdown

In this episode, Steve Bell, Aaron Anderson and Olga Klimczak explore the evolving responsibilities of directors in managing workplace safety. The discussion covers critical hazards and controls, the impact of Queensland legislation, and the three pillars of managing critical risks effectively – diligence, governance, and reporting and transparency. Our hosts unpack how directors can maintain visibility over governance structures while meeting growing expectations for accountability.

We also examine the role of regulators in workplace investigations and the challenges posed by the sheer volume and pace of regulatory change. Tune in to gain practical insights on strengthening governance frameworks and staying ahead in a rapidly shifting compliance landscape.

Inside Safety (Australia) EP4: Directors' Duties - Part 2

In this FESTIVE SPECIAL edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Sarah Penfold, Charlotte Benton, Alexander Gridasov, Tom Wyer, Nic Patmore, Scott Warin and Tim Kyriakou. 

You can find links to our blog posts on the case covered in this podcast below:

•	High Court finds default interest clause in loan agreement is not an unenforceable penalty https://www.hsfkramer.com/notes/bankinglitigation/2025-11/high-court-finds-default-interest-clause-in-loan-agreement-is-not-an-unenforceable-penalty

•	County Court rejects discrimination claim on procedural grounds but finds refusal of financial services because a company is Russian owned would amount to direct discrimination https://www.hsfkramer.com/notes/bankinglitigation/2025-11/county-court-rejects-discrimination-claim-on-procedural-grounds

•	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/bankinglitigation/2025-11/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

•	High Court dismisses judicial review challenge of FCA's Naming Announcement https://www.hsfkramer.com/notes/bankinglitigation/2025-11/high-court-dismisses-judical-review-challenge-of-fcas-naming-announcement

•	High Court confirms that non-authorised fee earners cannot conduct litigation https://www.hsfkramer.com/notes/litigation/2025-10/what-can-a-non-admitted-fee-earner-do-when-working-on-litigated-matters

•	Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026 https://www.hsfkramer.com/notes/bankinglitigation/2025-09/commercial-court-pilot-will-mean-many-more-court-documents-publicly-available-by-default-from-1-january-2026

•	2025 Global Bank Review - Innovating amid turbulence https://www.hsfkramer.com/notes/bankinglitigation/2025-11/2025-global-bank-review-innovating-amid-turbulence

Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

Banking Litigation Podcast EP57: Monthly Update - November/December 2025 Festive Special

As 2025 draws to a close, join presenters Steve Bell, Rohan Doyle and Natalie Gaspar for a special combined episode of Inside Employment, IR and Safety, reflecting on the year that was. In this final episode for 2025, we unpack the key developments in Employment, IR and Safety that shaped workplaces this year, and share lessons learned and tips for employers.

Herbert Smith Freehills Kramer Podcasts

Inside Employment, IR & Safety – 2025 in Review

Join Knowledge Counsels, Liz Kantor and Vanessa Naish, together with special guest Craig Tevendale, Partner and head of the HSF Kramer arbitration group in London, as they explore the most significant English arbitration cases and developments of 2025. In this episode, they discuss recent case law on the boundaries of arbitral confidentiality, time limits for challenging awards and competing dispute resolution clauses. They also look ahead to major decisions expected in 2026 on state immunity and the purpose and limits of the New York Convention. Offering practical insights for practitioners and clients navigating the evolving landscape of English arbitration, this episode will ensure that you stay on top of the latest trends and judgments shaping the field of commercial arbitration.

Inside Arbitration podcast: English Arbitration Developments 2025

If you have just one podcast on your holiday listening list, this is it ¬— our Cross Examining Cyber: 2025 Summer Wrapped Podcast Special.
 
In this episode, we bring together highlights from the last 12 months. Pearls of wisdom from our various podcast guests including the National Cyber Security Coordinator, Lt Gen Michelle McGuinness, CyberCX’s Alistair MacGibbon, Karen Kukoda  from Google Mandiant, CEO of the AICD Mark Rigotti, Tamir Maltz (Australia’s leading cyber injunction barrister), Bruce Tonkin (CEO of auDA) and our very own Carolyn Pugsley, Christine Wong and Peter Jones.

This is Cross Examining Cyber’s 2025 Summer Wrapped Podcast Special. Here we go…

Cross Examining Cyber EP21: 2025 Summer Wrapped Podcast Special

In this episode of the Herbert Smith Freehills Kramer Tax Podcast, Tax Bites, partner Toby Eggleston, Associate Dan Beratis, and Ryan Leslie delve into the Full Federal Court's decision in the Commissioner of Taxation v Hicks case. 

They discuss the background, facts, and history of the case, which involved a fashion retail business named City Beach, its restructure, and the tax implications under Section 45B and Part IVA of the 1936 Act. The episode covers the court's reasoning, the taxpayer's and commissioner's arguments, and key takeaways from the case, including the interpretation of Section 45B, the role of purpose in tax legislation, and the application of anti-avoidance rules. Additionally, insights from the recent PepsiCo decision and the potential impacts on future tax cases are explored. 

00:10 Introduction and welcome 
00:29 Case background and facts 
02:53 Restructure details 
04:40 Commissioner's response 
06:35 Full Federal Court's reasoning 
07:51 Section 45B analysis 
17:41 Part IVA analysis 
24:10 Conclusion and final thoughts

Tax Bites EP18: Dissecting the Full Federal Court's Decision in Commissioner of Taxation and Hicks

A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies.

On the Horizon EP15: December 2025

A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills Kramer.  For more information please visit www.hsfkramer.com

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