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
