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Clifford Chance

Clifford Chance
Briefings

Briefings

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
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