Clifford Chance
Contentious Commentary - A review for litigators - May 2011
13 May 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:
• You must correct the other side's mistakes
• No termination following own breach of contract
• Execution formalities side-stepped
• Existence of debt and whether it is payable are different
• Bribes are not held in trust
• Wide discretion to apply English law to foreign bankruptcy
• Settlement can't depend on solvency
• Charging a subsidiary's shares degroups the subsidiary
• Arbitration declaration converted into a judgment
• PPI challenge fails
• Translations should be agreed
• Ex turpi causa rule depends upon the circumstances
• Judicial discretion on judgment after settlement
