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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