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Clifford Chance

Clifford Chance


Contentious Commentary - August 2016

9 August 2016

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:

  • Settlement set aside for fraud in underlying claim
  • Collateral lies do not invalidate insurance claim
  • Part 36 is contractual counter-offer
  • Agent's authority can be taken away in breach of contract
  • Improper threats cannot be without prejudice
  • Breach terminates a contract automatically
  • Misselling claim fails
  • Political party constitution is a contract
  • There is a tort of malicious prosecution of civil claims
  • Illegality requires a multi-factorial approach
  • Regulators must behave consistently
  • Paying a debt is not dealing with it
  • Limitation of defences to a contribution claim
  • Consular premises immune from enforcement
  • Article 50 and all that

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