Clifford Chance
Contentious Commentary A review for litigators - January 2011
14 January 2011
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 contains notes on the topics mentioned below.
- Rectification of guarantees
- Guarantor's claims lie in damages
- Expert evidence admissible to construe a contract
- Closing out (or not) ISDA Masters
- Apparent authority and vicarious liability
- Loss of chance affects causation, not quantum
- Unfair prejudice claims not unarbitrable
- A release of one co-debtor releases all
- Pensioners scoop the insolvent pool
- Companies cannot recover cartel fines from their directors
- Discontinuance may, or may not, reverse earlier costs orders
- Jackson slams grotesque costs arrangements
- Case management cannot circumvent the rules on security for costs
- Freezing injunctions cover trust assets
