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Clifford Chance

Clifford Chance


Contentious Commentary - February 2014

10 February 2014

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:

  • Claiming litigation privilege requires a consistent approach
  • Lower courts must follow higher courts even if wrong
  • UK's challenge to ESMA fails
  • English proceedings go ahead despite overlapping case in Switzerland
  • Service treaties must not be side-lined.
  • Dissolved company can be sued
  • Escrow arrangements are purely contractual
  • Performance bond demand unaffected by contrary ruling
  • Exclusion clause does not make damages an inadequate remedy
  • Arbitration clause governed by the law of the seat
  • A second claim is not necessarily an abuse
  • Pre-action disclosure can be given on a weak claim
  • Courts remain very strict on time limits

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