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Clifford Chance

Clifford Chance


Contentious Commentary - December 2015

10 December 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:

  • The rule on penalty clauses is restricted but left in place
  • Tolling agreement extends to fraud despite lack of mention
  • Waiver of immunity for assets allows an injunction
  • Terms will rarely be implied into contracts
  • Contractual remoteness applies to tort claim
  • Securitisation vehicle can sue valuers
  • Legal context is wide for privilege purposes
  • Potential waiver of privilege can be undone
  • Secret recordings not privileged
  • Company's legal advice not privileged from shareholders
  • Forged charge replaced by subrogation rights
  • Directors' fiduciary duties owed only to the company
  • Personal service effected despite refusal to take document

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