Herbert Smith Freehills Kramer Podcasts

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

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

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…

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

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

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

In the first episode of our new podcast series 'The future of wealth management is here' 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

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/

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.

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…

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.

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].

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

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.

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.

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

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

In this "Back to school" edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. Together, they discuss recent developments in the duty to consult in the cases of Liberty and Possible (The 10:10 Foundation) before delving into human rights challenges in Shvidler and Wikimedia Foundation. To conclude, they explore judicial approaches in complex areas and reflect on the balance between discretion and accountability in high policy contexts. Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner). You can find out more about the cases covered in this podcast on our blog at the following links: Another twist in the consultation case law – so just what is a consultation? https://www.hsfkramer.com/notes/publiclaw/2025-posts/another-twist-in-the-consultation-case-law Challenges to the Jet Zero Strategy grounded as Administrative Court dismisses claims based on consultation and policy concerns https://www.hsfkramer.com/notes/publiclaw/2025-posts/challenges-to-the-jet-zero-strategy-grounded Supreme Court decides on the correct standard of review for proportionality https://www.hsfkramer.com/notes/publiclaw/2025-posts/supreme-court-decides-on-the-correct-standard-of-review-for-proportionality High Court dismisses Wikimedia’s challenge to Online Safety Act thresholds—but leaves the door open for future challenges https://www.hsfkramer.com/notes/publiclaw/2025-posts/high-court-dismisses-wikimedias-challenge-to-online-safety-act-thresholds-but-leaves-door-open-for-future-challenges High Court gives guidance on regulator's interpretation of legislation and codes https://www.hsfkramer.com/notes/publiclaw/2025-posts/high-court-gives-guidance-on-regulators-interpretation-of-legislation-and-codes Procedural flaw under the National Security and Investment Act regime insufficient to invalidate decision https://www.hsfkramer.com/notes/publiclaw/2025-posts/procedural-flaw-under-the-national-security-and-investment-act-regime-insufficient-to-invalidate-decision

Marina Reason and Chris Hurn discuss the FCA's proposals for regulating cryptoasset custody, set out in chapter 4 of consultation paper 25/14. This is our second podcast considering CP25/14: we unpacked the FCA's proposals on issuing qualifying stablecoins in our podcast "Decrypting the FCA stablecoin rules" - https://soundcloud.com/hsfkramer/fsr-podcast-decrypting-the-fca-stablecoin-rules. We also examined CP25/15, the FCA's proposed new prudential regime for cryptoasset firms, in our podcast "Decoding the FCA crypto capital rules" - https://soundcloud.com/hsfkramer/fsr-podcast-decoding-the-fca-crypto-capital-rules. These FCA consultations followed publication by HM Treasury of near-final draft legislation to create new regulated activities for cryptoassets, and an FCA discussion paper (DP25/1) on regulating cryptoassets, We discussed these developments in our podcast on "The Top 3 takeaways from the new crypto rules" - https://soundcloud.com/hsfkramer/fsr-the-new-uk-crypto-rules - and our related blog post - https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/uk-cryptoassets-regime-the-draft-rules-have-landed.

Today we’re diving into a question that’s becoming increasingly relevant for corporates globally: What happens if …you’re faced with a sanctions issue and need to investigate? Join Partner Leon Chung, Senior Associate Cynthianna Yau and Solicitor Kayla Laird as they explore this frontline issue for legal and compliance teams to understand the sanctions framework as they manage international transactions, supply chains, or service agreements.