Clifford Chance
Contentious Commentary - December 2015
10 December 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:
- The rule on penalty clauses is restricted but left in place
- Tolling agreement extends to fraud despite lack of mention
- Waiver of immunity for assets allows an injunction
- Terms will rarely be implied into contracts
- Contractual remoteness applies to tort claim
- Securitisation vehicle can sue valuers
- Legal context is wide for privilege purposes
- Potential waiver of privilege can be undone
- Secret recordings not privileged
- Company's legal advice not privileged from shareholders
- Forged charge replaced by subrogation rights
- Directors' fiduciary duties owed only to the company
- Personal service effected despite refusal to take document
