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Clifford Chance

Clifford Chance


Contentious Commentary - A review for litigators - December 2011

8 December 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:

  • Performance of a void contract blocks restitution
  • Acceptance of a repudiatory breach leads to damages, not restitution
  • Terms implied to make valuation procedure work
  • Reasonable refusal of consent is a low threshold
  • Non-use of assets by state confers immunity
  • Rome II temporal scope fixed
  • English courts' jurisdictional discretion favours the English courts

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