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The rule in Hastings-Bass allowed the court to set aside decisions made by trustees if the decisions had unintended consequences, usually as to tax. This ability to remedy past mistakes was restricted by the Court of Appeal's seminal decision in Pitt v Holt,...

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 Jackson reforms come into force on 1 April 2013. Though aimed primarily at personal injury litigation, the reforms will affect commercial litigation. For example, the rules on disclosure will change, cases could be subject court-determined budgets, and claimants...

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...

For reasons of pragmatism rather than principle, the Supreme Court has decided that legal advice privilege only applies to legal advice given by qualified lawyers.  It does not extend to legal advice given by other professionals.

The EU has published the recast form of the Brussels I Regulation on jurisdiction and the enforcement of judgments, which will come into force in January 2015.  The recast Regulation addresses one of the major problems with the existing Regulation by strengthening...

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...

Holdout creditors who refused to take part in Argentina's two debt restructurings have won a major victory in the New York courts by relying on a pari passu clause, overturning the conventional wisdom as to the meaning of this clause. The courts decided that...

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...

A new agreed form of model collective action clause for euro area member states to adopt (the Model CAC) in respect of their sovereign debt was published by the EFC Sub-Committee on EU Sovereign Debt Markets in March 2012. Following the publication, Germany is...