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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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Pump Court loses fourth senior clerk

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Reynolds Porter scores second internet sale

Insurance specialist Reynolds Porter Chamberlain has clinched its second major internet deal in as many months with the u15m sale of website Soccernet to Walt Disney. Disney’s interactive division, Buena Vista Internet, bought 60 per cent of the site, owned by Daily Mail & General Trust, to develop its ESPN.com sports service. Tim Anderson, corporate […]

Kingsford Stacey opens PI department

London firm Kingsford Stacey Blackwell is due to open a specialist personal injury claims unit this week staffed by 60 lawyers, making it one of the largest in the UK. Kingsford Stacey went on a massive recruitment drive in May, bringing in 50 new fee earners to deal with calls from the public. The firm […]

Sinclair Roche bags US energy lawyer

Energy specialist Gary Campbell has left top US energy firm Vinson & Elkins to join City firm Sinclair Roche & Temperley, known mainly for its shipping work. It reverses the usual trend of top UK lawyers heading for the London offices of US firms. Campbell was made a partner on his move to the company […]

Cornhill Insurance cuts advisers to reduce costs

Cornhill Insurance is cutting down the number of its external legal advisers as part of a cost-cutting exercise. The law firms facing the axe are those providing insurance litigation advice to Cornhill’s claims and services department. According to industry sources, Cornhill will send out invitations to tender to a selected number of firms in late […]

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