Litigation Writs 24/1/99

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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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Corporate manslaughter laws to be reviewed

The hearing, earmarked for early February, is expected to decide what level of proof is required to successfully charge a negligent company with manslaughter. The court will look into the decision by Mr Justice Scott Baker who last year cleared Great Western Trains fir its part in the Southall rail smash which killed seven people. […]

It's been a good week for…

Puff Daddy, the US rap star, who has recruited Johnnie Cochran to his defence team. Cochran, who famously proved the innocence of OJ Simpson, will be hoping to work the same magic on behalf of Daddy, who faces 15 years in jail for illegal possession of a weapon. Daddy and his girlfriend, Jennifer Lopez, were […]

Flotations

CMS Cameron McKenna represented Antisoma on its listing on the London Stock Exchange (LSE). The EASDAQ-quoted company is also listed on techMARK, the LSE market for IT companies. Nomura International sponsored the official listing. Michael Draper, corporate partner at Camerons, advised on the listing with support from corporate assistant Ed West.

Financings

Norton Rose advised HSBC Investment Bank on a one for four rights issue by Minerva to raise £71m. The funds will allow Minerva to finance the proposed £101.4m purchase of The Criterion in London. The rights issue was fully underwritten by HSBC

Dibbs forced to put Scots tie-up on hold

Dibb Lupton Alsop’s planned merger with Scottish firm Bird Semple has been put on hold. The firms have been forced to delay the tie-up because Bird Semple’s senior private client equity partners are digging in their heels, claim sources. It is understood that Dibbs has asked Bird Semple to split up its private client department […]

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