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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 […]

Recommended

Zero-hours contracts — is time up?

Growing public concern over zero-hours contracts has led the UK government to review their use. What does this mean for companies that employ staff on such contracts? The term ‘zero hours’ is not a term of art but generally indicates a contract for casual work under which the employer is not obliged to provide a […]

DLA Piper advises Better Capital on firm placing and open offer

DLA Piper has advised Better Capital PCC Ltd on its firm placing and open offer raising £185.6m for further investments. Better Capital is a Guernsey-incorporated, registered closed-ended collective investment scheme with the investment objective of generating attractive total returns from investing in a portfolio of distressed businesses. The company has two protected cells — the 2009 […]

Are you locked up?

Amid the revenue and profits figures and the ups and downs is data that will interest anyone with a financial bent – work in progress and debtor days. In today’s finance-focused edition of The Lawyer Management Louis Baker, head of professional practices at accountant Crowe Clark Whitehill discusses the impact of lockup. The accountancy firm’s […]

Mitchell

A High Court whip lashing

Former Tory chief whip slapped down for costs violation in ‘Plebgate’ case Lord Justice Jackson’s costs budgeting regime recently arrived at the High Court with a bang.  Earlier this month Master McCloud took a hard line on the reforms, refusing to give an inch when asked for leniency by a litigant who had missed budget […]

Material adverse change — what does it mean?

By Anna Voss Material adverse change (MAC) provisions appear in the majority of loan agreements. The recent Grupo Hotelero case included interpretation of MAC in the context of a representation that there had been no MAC in a borrower’s financial condition. While adding some clarity, the case doesn’t make a ‘no MAC in financial condition’ […]

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