Clifford Chance
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
