Clifford Chance
Contentious Commentary - August 2014
15 August 2014
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:
- Default judgment does not prevent inconsistent judgments
- Parties can extend time, but only by 28 days
- What is without prejudice is a matter for the lex fori
- An improperly signed costs budget is valid
- All change on relief from sanctions
- Service is valid on a defunct process agent
- An account of profits can be awarded against a constructive trustee
- A bribe is held on trust
- Does recoverability of success fees breach the ECHR?
- New costs guidelines rejected
- Contractual interpretation is an iterative process
- Requirement for friendly discussions enforced
- Arbitration award enforced despite being set aside in seat
- English law contract unaffected by foreign insolvency law
- Late payment interest limited to domestic contracts
- Failed illegality does not bar a claim
- Damages for breach of jurisdiction clause awarded
- No limits on ability to remove share voting rights
