Skip to main content

Clifford Chance

Clifford Chance


Contentious Commentary - July 2016

8 July 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:

  • A commitment letter is binding
  • Consideration arguments remain the last refuge
  • Main terms prevail in the event of inconsistency
  • Capital rules dictate contractual meaning
  • Failure to anticipate foreign judicial fraud is negligent
  • Use of corporate vehicles doesn’t shorten trust limitation period
  • Misselling claim fails
  • The EU Service Regulation is mandatory
  • Brexit and the UK constitution
  • Retrospective application can be made extend time to challenge jurisdiction
  • Spanish insolvency proceedings not related to English civil case
  • Anti-suit injunction must besought immediately
  • Foreign injunction enforced by giving notice to third parties
  • Regulatory proceedings not stayed because of criminal prosecution
Download PDF