Clifford Chance
Contentious Commentary - A review for litigators - December 2011
8 December 2011
The latest edition of "Contentious Commentary", a newsletter that provides a summary of recent developments in litigation. The newsletter is produced by lawyers in the litigation and dispute resolution practice at Clifford Chance.
This edition covers the following key issues:
- Performance of a void contract blocks restitution
- Acceptance of a repudiatory breach leads to damages, not restitution
- Terms implied to make valuation procedure work
- Reasonable refusal of consent is a low threshold
- Non-use of assets by state confers immunity
- Rome II temporal scope fixed
- English courts' jurisdictional discretion favours the English courts
