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Clifford Chance

Clifford Chance


Contentious Commentary - August 2015

17 August 2015

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:

  • Subsequent events determine the extent of any loss
  • Buyer must pay for goods itconsumed despite title not passing
  • Recovery of success fees not in breach of ECHR
  • Loss of right to rescind also defeats damages claim
  • No good faith in contractual performance
  • Principal entitled to agent's papers
  • Termination invalid for giving too much notice
  • If it looks like a performance bond, it probably is a performance bond
  • Contracts mean what they say
  • Letters of credit are located where the sum due is payable
  • Icelandic insolvency blocks
  • English proceedings
  • Limited supervision in service of claims
  • Italian local authority escapes derivatives transaction
  • Mitchell decision revoked because of Denton's change in law


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