Contentious Commentary - December 2012
11 December 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:
- Security trustees must beware of conflicts of interest
- Conciliation clause to uncertain to be enforced
- Term implied as to time of performance
- How to exclude liability in negligence
- Administration not analogous to liquidation for GMRA
- Dispossession required for Financial Collateral Regs
- Bringing a derivative claim against a limited partner
- Property means the same throughout the legal system
- Future questions on damages based agreements
- No property in an email
- Negative declaration in tort wins jurisdiction race
- Settling with one joint tortfeasor may release the others
- The boundaries of vicarious liability expand