OWA pan-Euro group opens in Silicon Valley

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Latest Briefings

Stricter rules for awarding new exploitation concessions in Macedonia

After a long, complex and nation-wide discussion, on 9 January 2019, the Macedonian Parliament introduced stricter rules for obtaining exploitation concessions. Effective immediately, the novelties from the Minerals Law target potentially new mines, and they came as a result of the broad interest shown during the last couple of years concerning the environmental effects of the mining […]

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 […]

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A View From Berlin

In Germany, the days of the Bonn Republic now seem like a distant memory. The market town on the Rhine, whose only claim to attention is that Deutsche Telekom insists on maintaining its headquarters there, can return to being a sleepy settlement. It is now known only as being the short straw for a few […]

Letters

I was quite dismayed to read your article on Sinclair Roche & Temperley and Romanian bar rules (The Lawyer, 4 September), not least because of its misleading banner headline. I hope you will afford me the opportunity to redress the erroneous impression that may have been communicated to your readership. I would make the following […]

Case study two

Richard Hastings, group legal counsel at Interoute Telecommunications (UK) Richard Hastings left Hammond Suddards, where he was an IT/IP assistant, to take up his role as group legal counsel at European telecommunications company Interoute. Hastings made the move because he sought a more commercial role within his area of expertise. He says: “I love my […]

Brixton

Brixton Estate buys industrial units from MEPC for £103.25m. Vendor: MEPC, advised by Linklaters & Alliance (Christopher Coombe). Purchaser: Brixton Estate, advised by CMS Cameron McKenna (Jon Vivian).

Digest

British Nuclear Fuels (BNFL) senior legal adviser Edward Smethurst is leaving to become the first ever in-house lawyer at FTSE 250 company Ultraframe. The former chair and current chief executive of the Law Society’s Commerce & Industry group will take up his role as company secretary and head of legal at the end of the […]

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