Deals summary

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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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The email is a mixed blessing for the lawyer involved in litigation and regulatory investigations. The volume and informality of it is appealing to anyone attempting to find the ‘smoking gun’, but a regulated business may wish it had never been invented when a regulator can use enforcement powers to search quantities of emails covering […]

Breaking news: Cleary Gottlieb partner to join SEC

Alan Beller, partner at Cleary Gottlieb Steen & Hamilton, has been named Director of the Division of Corporation Finance of the United States Securities and Exchange Commission. In addition he will fill the newly created role of Senior Counsellor to the Commission.Beller has been with the firm since 1976, becoming partner in 1984 and is […]

Conyers Dill launches Singapore office

Conyers Dill & Pearman has become the first Bermuda-based law firm to open an office in Singapore. It will be headed by corporate finance specialist Tan Woon Tiang who has moved from Tan Kok Quan, where he was senior partner.The office will advise clients on work related to Bermuda and British Virgin Island laws.Conyers Dill […]

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