Technology breakthrough

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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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Garrigues revenues top €250m

Garrigues has become the first Spanish firm to break through the quarter billion euro mark, ending this financial year 16 per cent up on last year with revenues of €259m. The firm has also promoted 24 associates to its partnership, boosting the firm’s total partner number to 230. The firm’s Madrid office received nine new […]

DLA Piper rejigs restructuring team

Simon Neilson-Clark has stepped down as DLA Piper’s EMEA restructuring practice group head, in expectation of an upsurge in demand for restructuring leading him to focus on client work. “I’m proud of what we’ve achieved over the last three years and, given the anticipated increase in demand for restructuring services, it’s now time for me […]

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Age concern

One year on from the introduction of age discrimination laws, the feeling persists that they have not been fully utilised. By Naomi Feinstein and Adam Turner. Age discrimination laws had their first birthday on 1 October 2007. In the run-up to the introduction of the Age Regulations, law firms were predicting the dawning of a […]

Hempsons lures Bevan employment ace

Healthcare specialist Hempsons has boosted its employment practice with the appointment of Bevan Brittan‘s head of health and public sector employment. Jean Sapeta will spearhead growth of the employment team. Hempsons said she would focus specifically on its specialist healthcare practice, which currently provides advice to 130 NHS organisations, as well as GPs and dentists. […]

O’Melveny responds to MoFo raid in Tokyo with US partner move

O’Melveny & Myers is planning to parachute a senior lawyer from its US office in to its Tokyo offering following a raid on its corporate team by Morrison & Foerster (MoFo) last week. MoFo’s attack on O’Melveny saw partners Gary Smith, Randy Laxer and David Litt leave the firm (www.thelawyer.com, 22 October) in what O’Melveny […]

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