Clifford Chance
Contentious Commentary - November 2014
10 November 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:
- Contractual negotiations are not without prejudice
- No assumption that privileged disclosure is mistaken
- Limited recourse vehicles can claim for losses
- Ex turpi causa only applies to crimes
- Misselling claim fails because of terms of business
- Live quotations required for ISDA
- CHAPS rules incorporated into payment terms
- Injuncting an LC remains very difficult
- Modern construction rules apply to bills of lading
- Intention is irrelevant to the title to things on land
- Subsidiary not domiciled at its parent's home
- Calderbank offers not as fierce as Part 36 offers
- No costs penalty despite refusal to mediate
- Narrow rule construction prevents payment of unquestioned liability
- Denton applies to any late application for an extension
- Recipients of mistaken payments must be named
