Clifford Chance
Contentious Commentary - November 2015
5 November 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:
- Undefined words take their meaning from the context
- Other words mean what they say
- Right to borrow caught by a freezing injunction
- Using goods doesn't avoid payment
- Settlement prevents later claim
- Indemnity only applies to costs on third party transactions
- Estoppel by convention clarified
- It is possible to trace through an overdrawn account
- Route round Gasser applied
- Unilateral jurisdiction clause upheld
- BRRD recognition provisions construed strictly
- BRRD and non-EU law liabilities
- Jurisdiction clause exclusive without saying so
- Part 36 requires strict compliance
- Jurisdiction clause in favour of foreign courts not overridden
- Multiple proceedings potentially frowned on
- Receivership succeeds where third party debt order fails
- Financial List launched
- Claim struck out for want of solicitors' authority to act
- Bases of duty of care questioned
- Duty of care owed in conducting an FCA required review
