Grapevine

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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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Brains for Christmas

Tulkinghorn was very amused upon hearing the tale of the five unsuspecting lawyers and an in-house job at Santa’s Grotto in the North Pole. Recruitment consultants Hughes-Castell advertised the festive vacancy as a joke, but much to its surprise received a number of serious enquires. One lawyer, who shall remain nameless, had to have the […]

CC edges on to BOCHK legal panel

Clifford Chance’s Hong Kong office has won a place on the Bank of China Hong Kong (BOCHK) legal panel. The firm, which advised BOCHK’s parent company Bank of China on its Hong Kong listing in July 2002, has been reappointed to the panel alongside Deacons. The panel review follows the appointment of general counsel Andrew […]

Support partner

Our next report is a classic instance of foot very much in mouth. Socialising at a work party, one senior partner found himself talking to one of the firm’s young assistants. Making small talk over his canapés, he offered the assistant some supportive words, telling him what a fantastic job he’d been doing, to which […]

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