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Clifford Chance

Clifford Chance


Contentious Commentary A review for litigators - February 2011

8 February 2011

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 contains notes on the topics mentioned below.

  • Tort bows before contract
  • Limited scope of lawyers' duty reduces bank's damages
  • Police owe no duty of care
  • Guarantees aren't necessarily what they say they are
  • Rejected LC documents must be returned promptly
  • Regulators have no obligation to consult
  • Iranian bank ban upheld
  • New style derivative claims bring little change
  • Mediation agreements can be enforced by the court
  • Res judicata applies to disciplinary proceedings
  • No collateral attack on foreign judgments
  • Hearsay evidence must name names
  • Part 36 offers can't restrict their costs consequences
  • Success fee violates human rights

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