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Clifford Chance

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
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