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Clifford Chance

Clifford Chance

Briefings

Contentious Commentary - May 2017

10 May 2017

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:

  • Literalism and context an issue in contractual interpretation
  • Notice effectiveness provisions are important
  • Rent increase is penal
  • Claim accidentally extinguished
  • A fax notice doesn't need to reach senior staff to be effective
  • Obligation to use reasonable endeavours enforceable
  • Limited scope of duty in negligence
  • Definition disallowed for context
  • Arbitration clause not too uncertain
  • Restitutionary expense limited
  • No governmental change of position defence in restitution
  • Lawyers not subject to English courts for suing in Germany
  • Pre-judgment asset stripping is a tort
  • Insolvency jurisdiction trumps the normal rules
  • Data protection law clarified
  • Name or synonym required for FSA identification
  • Courts can't overrule money laundering legislation
  • Litigation funders can be identified
  • New individual debt pre-action protocol
  • Russia obtains judgment against Ukraine

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