Clifford Chance
Contentious Commentary - July 2011
7 July 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:
- Arbitration can be protected from non-EU court proceedings
- English courts follow the Dutch on Yukos arbitration
- Economic loss in tort remains problematic
- Valuers' liability restricted
- Part 36 requires strict compliance
- Contribution claims cover costs
- Best endeavours = all reasonable endeavours
- Right of first refusal is enforceable
- Power of revocation allows creditors to enforce against trust assets
- Just because you have a judgment doesn't mean you'll be paid
- Trustees can exclude liability for gross negligence
- Court can relieve breach of a consent order
- A consent order may prevent a future claim
- Upper Tribunal can be judicially reviewed
- Police arrest powers
