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
