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Clifford Chance

Clifford Chance


Contentious Commentary - November 2015

5 November 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:

  • Undefined words take their meaning from the context
  • Other words mean what they say
  • Right to borrow caught by a freezing injunction
  • Using goods doesn't avoid payment
  • Settlement prevents later claim
  • Indemnity only applies to costs on third party transactions
  • Estoppel by convention clarified
  • It is possible to trace through an overdrawn account
  • Route round Gasser applied
  • Unilateral jurisdiction clause upheld
  • BRRD recognition provisions construed strictly
  • BRRD and non-EU law liabilities
  • Jurisdiction clause exclusive without saying so
  • Part 36 requires strict compliance
  • Jurisdiction clause in favour of foreign courts not overridden
  • Multiple proceedings potentially frowned on
  • Receivership succeeds where third party debt order fails
  • Financial List launched
  • Claim struck out for want of solicitors' authority to act
  • Bases of duty of care questioned
  • Duty of care owed in conducting an FCA required review

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