CDR in 10 series

‘CDR in 10’ is a video series aimed at giving you practical advice that’s easy to understand on current topics in commercial dispute resolution. Each episode lasts for around 10 minutes and looks at three practical questions you might be considering.

We hope this helps you understand and prepare for any risks in your business. If you’d like to discuss the issues further, please get in touch. 

Procurement challenges under the new Act - 5 June 2025

Over £400 billion was spent on public procurement in 2024 – which is why winning or losing a public contract can have huge ramifications.

In this episode of CDR in 10, Partner, Jon Hainey, and Managing Associate, Matthew McLellan, explore the reasons suppliers are increasingly challenging public contract awards and what this means for legal and procurement teams.

This episode covers:

• Why suppliers may be more motivated to start a dispute.
• Key risk areas such as undisclosed criteria and unclear scoring.
• Practical considerations when facing or considering a challenge.
• The key differences for issuing proceedings under the new Act.
• Our top tips for how authorities and bidders can get ready for challenges under the new Act.

How to protect privilege - 15 May 2025

Understanding legal professional privilege is essential but applying it correctly can be complex. Especially for in-house legal teams working across legal and commercial areas.

In this CDR in 10 episode, Senior Associates, Tori Lewis, and Ken Ross, explain the differences between legal advice and litigation privilege. They also share 5 practical tips to help in-house legal teams avoid common mistakes and make the most of the protection privilege offers, including:

• Where privilege may, or may not, apply
• What legal advice privilege and litigation privilege really mean.
• 5 top tips to avoid waiving privilege in day-to-day practice.

Instructing experts - Key guidance for in-house legal teams - 26 March 2025

Getting expert evidence right isn’t just important – it can be the difference between winning and losing a case.

In our latest CDR-in-10, Senior Associates, Emily Beckwith, and Rubina Alam, share the key considerations in-house legal teams need to bear in mind when instructing experts, including:

• When expert evidence is needed
• The do’s and don’ts of instructing experts
• How to safeguard privilege when instructing experts
• What to do if you’re unhappy with your expert’s report
• Key differences between expert advisors and Part 35 expert witnesses
• The court’s approach to changing experts – and why “expert shopping” can pose risks

Reputational management - 19 December 2024

In this episode, Legal Director, Rebekah Finch, and Associate, Savhan Lyall, discuss:

• The ways a business’ reputation can be damaged.
• What constitutes a defamatory statement.
• The steps businesses should take to respond effectively.
• 4 top tips for managing defamatory statements.

Restrictive covenants & misuse of confidential information – 9 October 2024

In this episode, Partner, Julien Luke and Associate, Ciara Crosbie discuss:

• The recent uptick in breaches of restrictive covenants, typically found in employment contracts, and the misuse of confidential information.

• Current trends and what they are seeing in practice.

• When an injunction can be sought.

• What businesses should do if they discover confidential information has been taken.

Arbitration - 21 March 2024

In this episode, Managing Associate, Charlotte Brown, and Associate, Ken Ross:

• Discuss why more companies are choosing arbitration to resolve commercial disputes and why we are seeing this growing trend
• Provide five top tips for drafting an arbitration agreement.
• Assess the potential impact of the much-anticipated Arbitration Bill and the proposed changes to the CPR making more documents publicly available in court proceedings.

IT disputes - 9 November 2023

Our Commercial Dispute Resolution team has seen an increase in IT disputes since the pandemic and in this episode of CDR in 10, Kate Ward and Victoria Channing consider the reasons for this trend and share:

• Common causes for IT disputes;
• Expert practical guidance; and
• Strategic tactics that can help resolve your IT dispute.

Disclosure – what you need to know – 20 July 2023

In this episode, Claire Blackmore and Emma Hardy take a practical look at disclosure. They provide you with three tops tips about how to deal with a disclosure exercise effectively and consider:

• current and future trends;
• what to do at the outset of a case;
• how to map the disclosure exercise;
• how to conduct an effective search for documents; and
• the use of technology assisted reviews.

Mediation – a practical perspective – 5 May 2023

The approach to mediation has changed in recent years with more mediations resulting in settlement either on the day or shortly thereafter. We have also seen a more collaborative approach adopted by the parties and their legal teams.

In this episode, Matthew McLellan and Twm Russen discuss: 

• The practical aspects of mediation
• Current trends and changes in approach
• 3 Top tips to prepare for and get the most out of mediation

Managing disputes in an economic downturn – 15 December 2022 

With the UK heading into recession, this episode of CDR in 10 gives some practical advice on how to manage disputes in an economic downturn, including what businesses can do now to prevent a dispute from occurring and the types of claims we expect to see more of in the coming months.

Chris Owen and Alice Mete also discuss:

• The importance of familiarising yourself with contract terms & KPIs
• Common issues in long-term supply contracts including auto-renewal
• How to start a conversation about varying your agreement
• The pros and cons of dispute resolution clauses
• Why vigilance is essential & what to look out for

This episode was recorded on 23 November 2022. 

Warranty claims - 19 October 2022 

Data breaches - 3 August 2022

In this episode, Tori Mills asks Kate Ward about the growing number of data breach claims and how businesses can make it easier – or harder – on themselves when deciding how to respond. They discuss: 

• Why the courts are like the “Wild West” and pre-cursors to litigation 

• The need to interrogate complaints despite customer service teams’ goodwill gestures

• Practical advice for dealing with claims head on to minimise risk 

• Practical considerations regarding small claims versus the High Court 

• Defending a claim versus settlement 

Shareholder disputes - 14 June 2022

Here, Chris Owen asks Craig Thompson about the recent increase in shareholder disputes, some of which are even going to trial and judgment. They discuss: 

• What types of disputes are we seeing? 
• Practical thoughts on avoiding litigation 
• How to achieve the optimal negotiated settlement 
• Other ‘red flags’ and future predictions