The Legal 500

HANOVER HOUSE, 14 HANOVER SQUARE, LONDON, W1S 1HP, ENGLAND
Tel:
Work 020 7667 5000
Fax:
Fax 020 7667 5100
DX:
44617 MAYFAIR
Web:
www.harbottle.com
Email:

Marian Derham

Tel:
Work +44 20 7667 5000
Email:
Harbottle & Lewis LLP

Work Department

Employment.

Position

Marian is a partner and deputy head of the employment practice. She is recognised as an employment law expert in The Legal 500. Marian acts for a broad range of clients in the media and entertainment industry and the charity sector. She advises both employers and senior executives on a comprehensive range of contentious and non-contentious matters. Areas of particular expertise include advising on strategic employment issues for employers, redundancies and reorganisations, senior executive terminations and negotiations, discrimination and harassment, sickness absences, restrictive covenants, outsourcing and insourcing and TUPE issues, and working time issues particularly for atypical employees. Clients include Visit London, Comic Relief, LAMDA, London Irish Rugby Club and Wolford.

Career

Qualified 1984 and joined Harbottle & Lewis the same year, originally as a company commercial lawyer, becoming partner in 1989. Marian co-founded the employment group as a standalone department in 2000.

Member

The Employment Lawyers Association.

Education

London School of Economics (1981 LLB Hons).

Leisure

Young family, travel.

Practice Areas

Employment

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Legal Developments by:
Harbottle & Lewis LLP

  • Account of profits v damages: when and why does it matter?

    Since 2007, Experience Hendrix LLC(Hendrix) and Times Newspapers Ltd (Times) have been litigating over the intellectual property rights (IPR) in a recording of a Jimi Hendrix concert that took place at the Royal Albert Hall in February 1969. In September 2006 Times distributed a free CD, or covermount, with each edition of The Sunday Times . A claim was issued against Times in March 2007 for infringement of copyright and performers’ rights under the Copyright, Designs and Patents Act 1988. In March 2008 the High Court held that Times had infringed the IPR in the recording and Hendrix elected to have an inquiry as to damages in respect of that infringement. The case has given rise to some complex issues as to the basis for the quantification of damages, and the inquiry is due to be heard next year, but the case is also a reminder of more general considerations in relation to remedies in IPR cases, and why the basis for quantification of those remedies can have far reaching consequences for a successful claimant.

    - Harbottle & Lewis LLP

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