28 May 2013

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Contentious Commentary - January 2013

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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:

  • Terminating a contract for the wrong reasons removes a damages claim
  • A commercially reasonable approach is self-interested
  • Breach of warranty does not give a claim for misrepresentation
  • Technicalities triumph in contractual interpretation
  • Varying an underlying obligation can discharge a guarantee
  • No limitation on judgments entitled to recognition under Brussels I
  • English proceedings stayed in favour of Greek proceedings - for now
  • Full disclosure is required for an ex parte application
  • Legal expenses insurers can't restrict their insureds' choice of lawyer
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