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Latest Briefings

Breach of fiduciary duties under an agency agreement: Appropriate remedy

By Pauline Cowie The High Court has confirmed that an account of profits cannot be relied upon by principals as a mechanism to recover remuneration from a commercial agent which has breached its fiduciary duties under an agency agreement in circumstances where it did not receive unauthorised benefits e.g. through bribery. Rather, the appropriate remedy is […]

Solar EPC guarantor liable for delay damages

By Marianne Anton The High Court enforced payment of liquidated damages for delay in the construction of five solar plants, deciding that they were not a penalty. It also permitted the recovery of general damages (in addition to delay damages) in respect of two of the five solar plants arising from the lower level of government […]

Contract interpretation: What does the futility principle involve?

By Stuart Campbell Does the ‘principle of futility’ exist? The Court of Appeal recently considered the expression to be misleading: the question for the court is not whether the principle exists, but what it involves. It reflects an approach to construction which recognises that in certain circumstances, a condition precedent may (in the light of subsequent […]

Litigation privilege: Particularly nuanced protection

By Gwendoline Davies Two recent cases which demonstrate that whether or not a party can withhold documents on the basis of litigation privilege remains a very nuanced question. The ability to withhold documents from disclosure to the court and/or other parties, without adverse inferences being drawn, is a fundamental and vital protection within the law of […]

When is a contractor a commercial agent? Businesses should look closer to home

By Nick Lees Businesses need to look closer to home than ever before to establish whether any of its contractors will be afforded the enhanced protection of the Commercial Agents Regulations. What do businesses need to know? It is important for businesses to understand whether or not independent contractors working for them fall within the definition […]

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Moscow tax tsar poached by Clifford Chance

Clifford Chance’s Moscow office has poached a high-ranking accountant partner from Price Waterhouse’s Russian accountancy office in a move that reverses the usual one-way traffic between legal practices and the big Six accountancy firms. Robert Fort, who is head of Price Waterhouse’s financial services tax group in Moscow, will join Clifford Chance next month as […]

Tackling tax down under

Tax reform is on the agenda in Australia as the government seeks ways of funding pensions, reports Louise McBride. Louise McBride is a tax partner at the Sydney office of Clayton Utz. Australia’s taxation system is in danger of imploding. Without urgent reform, it will not be able to support the number of people who […]

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The Lawyer Inquiry: Lorinda Peasland

Lorinda Peasland is a senior solicitor at Manches & Co in London. She was born in Northampton in 1963. What was your first job? Working in a butcher’s, which some may say prepared me for picking over the bones of a dead company as an insolvency lawyer. I prefer to think of it as preserving […]

City firms in photo-finish to seal sale of Lola Cars

Motor racing enthusiast lawyers from Manches & Co and Berwin Leighton had four weeks to sell insolvent car manufacturer Lola Cars before the racing season came to an end last month. Lola Cars has contracts to supply all the cars for Formula 3000 and the Indy Lights series but went into administration in May. It […]

Justice reforms fail to live up to expectations

More than three quarters of in-house and public sector legal departments believe there have been no improvements in the civil justice system in the past 12 months despite all the efforts of judges and litigators following Lord Woolf’s report. Antony Gold, head of litigation at Eversheds, which commissioned the survey of 100 legal departments, said: […]

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