Clifford Chance
Contentious Commentary - May 2016
18 May 2016
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:
- Contract terms can't stop oral variation
- Words rule
- Implication and correction both have high tests
- Mitigation requires positive steps
- Milder form of freezing injunction invented
- Jurisdiction provisions in bonds enforceable
- An argument fails for inconsistency with earlier pleas
- Parties must clear up misunderstandings
- Suing a solicitor is only a limited waiver of privilege
- Generous view of without prejudice for litigants in person
- Equity follows contract, sometimes
