UNDERSTANDING THE IN-HOUSE LAWYER

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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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Pinsent Curtis Biddle pair quit after merger

Two partners have quit Pinsent Curtis Biddle. They will be the first to leave the newly-created firm. Media partner Duncan Lamont is joining Charles Russell while copyright specialist Hubert Best has also resigned and is believed to be in talks with Hammond Suddards Edge. Regional firm Pinsent Curtis and media specialist Biddle’s merger became official […]

Wilson Sonsini plans assault on UK market

Silicon Valley giant Wilson Sonsini Goodrich & Rosati is planning to enter the UK market by opening offices in London and Cambridge. Wilson Sonsini, which dominates equity capital markets work in the US and specialises in servicing technology clients, hopes to establish a presence before the end of next year. Chairman of the firm Larry […]

Address me carefully

No, Tulkinghorn just will not do it. There will be no poking fun at the regions. Such behaviour is absolutely no longer acceptable. Oh, go on then. Last week’s most widely read press release on The Lawyer news desk was certainly that from Leeds-based solicitors Brooke North. The firm is e-nabling itself by launching what […]

The £64,000 question

Congratulations to the College of Law’s press machine, which just keeps on rolling. This week’s subject is David Stainer, a 22-year-old studying at the college’s Guildford branch. His claim to fame? He won £64,000 on ITV’s Who Wants to be a Millionaire?

a year ago this week

Mills & Reeve poaches top partner for London launch Mills & Reeve, East Anglia’s biggest firm, lured Cameron McKenna insurance partner Geoff Barnett to open its London office. Barnett had previously spent 14 years as a partner at Cameron McKenna. There are currently three partners based at the London office – insurance partners Barnett and […]

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