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Clifford Chance

Clifford Chance


Contentious Commentary - August 2014

15 August 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:

  • Default judgment does not prevent inconsistent judgments
  • Parties can extend time, but only by 28 days
  • What is without prejudice is a matter for the lex fori
  • An improperly signed costs budget is valid
  • All change on relief from sanctions
  • Service is valid on a defunct process agent
  • An account of profits can be awarded against a constructive trustee
  • A bribe is held on trust
  • Does recoverability of success fees breach the ECHR?
  • New costs guidelines rejected
  • Contractual interpretation is an iterative process
  • Requirement for friendly discussions enforced
  • Arbitration award enforced despite being set aside in seat
  • English law contract unaffected by foreign insolvency law
  • Late payment interest limited to domestic contracts
  • Failed illegality does not bar a claim
  • Damages for breach of jurisdiction clause awarded
  • No limits on ability to remove share voting rights

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