From complex commercial disputes to the pursuit of the perfect contract, Ben Wheway rounds up the subjects proving popular on Legal Week Law 

What are the key issues keeping your clients up at night? With competition for work now fiercer than ever, this kind of insight is crucial for lawyers looking to stay a step ahead of their rivals.

Of course the best place to gain such insight is straight from the horse's mouth, and the most-read briefings on Legal Week Law for the second quarter of 2014 provided just that, with reports drawing on the views of general counsel proving the most popular among the site's readership.

The opinions of more than 80 senior in-house lawyers at $1bn-plus businesses were canvassed for Eversheds' 'Companies in conflict' report, which aimed to establish the factors driving large organisations into disputes, how those disputes play out and what makes the difference between winning and losing.

Key findings within the report included a net increase in large commercial disputes over the past three years, a frustration among lawyers that senior executives are poorly informed about legal matters at their organisation, and the rise of reputational issues as a key driver for disputes. 

The article was the second most downloaded briefing by Legal Week Law's 43,500-strong subscriber base during Q2 2014, beaten only by another piece of research drawing on the views of senior in-house counsel – Berwin Leighton Paisner's (BLP) report on managing contractual risk.

The subject of contracts is perennially popular on Legal Week Law because of its broad appeal, and BLP's research found an increasing awareness from clients that a significant portion of legal risk is being written into their contracts – something all lawyers involved in the drafting process should be aware of. As such, the briefing set out some pointers on what organisations can do to improve the way they manage contracts, as well as the three main hurdles to good contracting practice.

The top three downloads for the quarter was completed by Nabarro's report on an expensive mistake made by the members of a partnership, which for more than 20 years had signed deeds without signatures being witnessed, ruling them ineffective – an error that, according to the judge in the case, could result in costs of £45m.

A broader look at pressing issues for general counsel came in the form of Herbert Smith Freehills' (HSF) monthly GC update on major developments in key areas, a regular fixture in Legal Week Law's top downloads lists, while complex commercial disputes were also tackled in detail in Latham & Watkins' guide to international arbitration. The guide, which covers issues such as the choice of arbitration rules and the place of arbitration, is an essential resource for any lawyer looking for a comprehensive overview of this increasingly popular method of dispute resolution.

Disputes dominated the rest of the quarter's top 10 downloads, including Macfarlanes' briefing on exclusion clauses, which provided a reminder that, while inserting such a clause into a contract may reduce a party's exposure to a damages claim, it may also increase the chances of the court granting an injunction requiring that party to continue to comply with the terms of a contract against its will.

andrew-mitchell-mp-webMeanwhile, Bond Dickinson looked at the recent High Court case of Prophet v Huggett, in which the judge used his powers of construction to infer additional wording into a restrictive covenant, highlighting the courts' wide powers of interpretation when dealing with restrictive covenants. Also popular was HSF's look back at how the courts are applying the decision in the closely watched Mitchell case, the so-called 'Plebgate' ruling, which has had major implications for the conduct of civil litigation and case management.

And with the World Cup currently dominating headlines, Shoosmiths captured the attention of football fans and lawyers alike with its briefing on an interesting case involving former Manchester United defender Henning Berg, whose dispute with Blackburn Rovers after he was sacked as manager by the club provided some guidance for parties that wish to rely on or challenge contractual 'liquidated damages' clauses.

The club failed in its effort to stop Berg taking away £2.3m after just 57 days as manager, with his contract stipulating that he was entitled to his gross basic salary for the rest of the fixed three-year term – stark evidence of the importance of a water-tight contract.

Top ten downloads of the quarter

1. How to improve contracting practice in your organisation: insight from in-house counsel
Berwin Leighton Paisner

2. Companies in conflict – general counsel on how commercial disputes are won
Eversheds

3. Execution of deeds: an expensive mistake
Nabarro

4. General counsel update May 2014 – a summary of major developments in key areas
Herbert Smith Freehills

5. Know your limitations: inserting exclusion clauses into contracts may have unintended consequences
Macfarlanes

6. Fujitsu v IBM – when is there a duty of good faith between contracting parties?
Macfarlanes

7. Henning Berg and the penalty claim – contractual 'liquidated damages' clauses in focus
Shoosmiths

8. Resolving complex disputes – a guide to international arbitration
Latham & Watkins

9. High Court inserts wording to correct a drafting error in a restrictive covenant
Bond Dickinson

10. How the courts are applying Mitchell
Herbert Smith Freehills

Click here for a full breakdown of readership statistics for Q2