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Clifford Chance

Clifford Chance
Briefings

Briefings

Contentious Commentary - November 2016

14 November 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:

  • Take care when terminating a contract
  • The test for repudiatory breach of contact can be difficult
  • Public authorities have confidentiality obligations
  • GMRA default notices considered
  • Rescission not available when innocent parties would be affected
  • When is an exclusion clause not an exclusion clause?
  • Partnership shares can be forfeit for breach
  • The European Commission can be liable in tort for breachof fundamental rights
  • Arbitration costs include litigation funder's fee
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