Careers: in brief

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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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Thomas Eggar in lockstep overhaul

South East firm Thomas Eggar is set to overhaul its partner remuneration structure in a bid to boost profits and attract new talent. As revealed in this year’s The Lawyer UK 100 Annual Report, the firm is considering proposals to move away from the current equity structure, featuring a lockstep with a 10 per cent […]

Land craft

Jean Bursle and Matthew Edwards report on how the Australian property market and the recognition of native title have found some middle ground It took the Australian legal system more than 200 years to recognise the existence of basic indigenous property rights in the form of native title. In the 12 years since the High […]

Giving up the smoke

Leaving the City is on many lawyers’ minds during the summer. Jonathan Kay reports on two who did Once seen as the last move of a retiring partner, the exodus out of the City is now accelerating, fuelled partially by the large regional firms’ perceived resilience to recession. Billing rates and increasing expertise, added to […]

US firms circle Ashurst as Shearman and Debevoise lure away top players

US firms have turned their acquisitive attentions to Ashurst as, in a shock move, former managing partner Ian Nisse moves to Shearman & Sterling and Jeremy Hill, head of the financial institutions, products and services group, prepares to join Debevoise & Plimpton. The two senior partner defections have hit Ashurst just days after the Paris […]

6

Adam Cowell – 1 October 1963-29 July 2004

The sudden death of Adam Cowell on 29 July at the age of 40 marks the loss of one of the profession’s leading business crime lawyers. In his six years as a partner in the London office of Irwin Mitchell, Cowell established himself as one of the top lawyers in the country, representing defendants in […]

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