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Clifford Chance

Clifford Chance


Contentious Commentary: A review for litigators - April 2011

6 April 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 covers the following key issues:

• The ISDA Master Agreement still does what it says on the tin...
• ... twice
• Injunction issued to stop call on performance bond
• No injunction in support of arbitration
• Mistake not be manifest for years
• Claims against banks fail
• Rectifying beneficiaries' contractual mistakes
• No insolvency until an incurable deficiency occurs
• Icelandic mistake allows proceedings to continue
• Trustees must live with their advisers' mistakes
• Receipt of privileged material no bar to an expert testifying
• Changing expert witness requires disclosure the discarded report
• Expert witnesses not immune
• Narrower self-incrimination privilege
• Voluntary compliance with foreign public law acceptable
• Final judgment cannot be revoked
• Additional reasons given in refusing permission to appeal
• Take care paying a debt into escrow
• Inconsistency in alternative cases no problem
• Implementing Jackson

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