Case of the week

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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 […]

Recommended

Baker McKenzie

Baker & McKenzie acted for CA IB and Lehman Brothers on a $509m (£340m) international offering made by Polish oil company Nafta Polska for a 25 per cent stake in Polski Koncern Naftowy ORLEN (PKN ORLEN). The offering was the second stage in the privatisation of Polish refining and petrochemicals company PKN ORLEN. Securities partner […]

Perrin’s View

So Michael Napier won the election for Law Society president by a margin of two votes to one. Two to one, eh? Frankly, I’m surprised that as many as three members voted. Surely no profession can possibly have so many major grievances against its regulatory body? I don’t know about you, but for a while […]

NEWS IN BRIEF

Clifford Chance has hired nine partners in property, competition, finance and tax. They include property partners Robert Porter and Arthur Dyson from CMS Cameron McKenna, property partner Jonathan Solomon from Norton Rose and anti-trust litigator Elizabeth Morony from Linklaters. In New York, CC Rogers & Wells is taking on Donald Carden from O’Melveny & Myers, […]

Equitable Life legal bill reaches £2.5m

Equitable Life has had to pay out £2.5m in legal fees for the recent pensions test case which ended its mutuality. The legal battle has spanned 18 months and was advised by Denton Hall, now Denton Wilde Sapte. The test case, brought against Equitable Life when policyholders challenged its decision to lower guaranteed annuity rate […]

Morgan Lewis loses partner to e-company

Morgan Lewis & Bockius partner John Parker has left the business and finance department to join a new management team at new media and e-commerce company AirClic. Parker joins as executive vice president of business development and legal at the company. He says: “I was working with AirClic as its outside counsel. It is a […]

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