Clifford Chance
Contentious Commentary - April 2015
14 April 2015
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:
- Contractual discretions made easier to challenge
- Contractual right to terminate not the same as repudiation
- Calculation by reference to the past not the same as accrual
- Limited set-off under the ISDA Master Agreement
- Goof faith used to strike down contractual terms
- Notice given under a contract is a nullity
- The limitations of implication
- Public bodies must act fairly, but get away with not doing so
- Acknowledging service can be a submission to the jurisdiction
- Actual authority is a matter of corporate law
- A failure to sue in England takes place in Germany
- Bondholders have no claim against the issuer
- Joint tortfeasor escapes on de minimis rule
- Misuse of private information is a tort for service out
- Court guarantee proceedings stayed for arbitration on underlying claim
- Court documents can be served by post on an embassy
- ECB policy framework struck down
- FOS's jurisdiction is a matter of law
- Information may be inside even if its effect is not clear
