Clifford Chance
Contentious Commentary - November 2012
15 November 2012
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:
- French court strikes down one-sided jurisdiction clause
- Russian court strikes down unilateral arbitration clause
- US insolvency judgment not enforceable in England
- Limitation period applies to follow on anti-trust claims
- Shall and may are not the same
- Identifying the commercial purpose of a contract may be difficult
- Is deeming pretence or reality?
- Illegal contracts easy to identify but hard to define
- The death of Rylands v Fletcher (almost)
- Losses from Lehman's collapse not too remote
- Misselling claim rejected in Scotland
- Court of Appeal varies its decision increasing general damages
- Hearings must be in public
