CASE BOOK

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Latest Briefings

The Commercial Agents Regulations: a step behind the times?

By Alex Williamson The Commercial Agents (Council Directive) Regulations 1993 (the Regulations) are 25 years old this year. An evaluation by the European Commission concluded in 2015 that the underlying Commercial Agents Directive (the Directive) still met its objectives and functioned well. However, a recent Court of Appeal decision has shown that the legislation is struggling to […]

Exclusion clauses under the spotlight: UCTA reasonableness

By Perran Jervis In decisions handed down one day apart, the Court of Appeal concluded that a far-reaching exclusion clause which limited liability for negligence was reasonable under the Unfair Contract Terms Act 1977 (UCTA), whereas an exclusion clause in a lease (in the form of a non-reliance clause) was not. The decisions emphasise that […]

Currency, cost calculations and contractual clarity

Walker Morris’ Head of Commercial Dispute Resolution, Gwendoline Davies, highlights the importance of dealing comprehensively and clearly with matters of currency and calculation in cross-border contracts…

Belgian draft Trade Secrets Act: opportunities for the life sciences sector

On 8 June 2016, the EU Trade Secrets Directive was adopted. The main purpose of the Directive was to harmonise and enhance the protection of trade secrets EU-wide and to thus create an innovation-friendly environment for businesses. The EU Member States had to implement this Directive by 9 June 2018. Belgium missed the deadline, but […]

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FORUM

Lateral movement between Ireland’s leading firms was until recently virtually non-existent. This is now changing, and the demand for quality practitioners on both sides of the border has sparked fierce competition among local firms and enhanced the bargaining power of associates. There is a general perception that a large proportion of vacancies are being filled […]

A VIEW from belgium

Although the last few months have seen the emphasis shift at the European Commission towards an attempt to tackle economic issues and crisis manage the dramatic situation for farmers, competition commissioner Mario Monti has nevertheless steered a steady course. Indeed, he appears to be having a decisive influence in areas not strictly in his remit […]

Ireland: CASE summary

Beverly Cooper Flynn v RTé On 23 March, a final verdict was announced in the Beverley Cooper Flynn libel action against RTÉ (Radio Telefis éireann). The jury found that RTÉ had failed to prove that Cooper Flynn had persuaded James Howard to evade his tax obligations. However, they also found that RTÉ had proved allegations […]

Outside influence

As a relatively small country, and one which is heavily dependent on inward investment, Ireland has always been affected by outside economic influences, and the IT sector is already feeling the effects of the downturn in the US economy. For instance, Ebeon, a technology firm based in Dublin, was recently forced to cease trading, making […]

Digest

Hardwicke Building, the chambers of Nicholas Stewart QC (left), has been joined by Christopher Bayliss of One Inner Temple Lane. Called in 1986, Bayliss specialises in employment and motor industry law. The employment team now has 10 members. The arrival of Bayliss continues the chamber’s strategy of strengthening its specialist teams by selective recruitment.

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