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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

Former White House lawyer Bob Hoyt named as Barclays general counsel

Banking giant Barclays has named the former general counsel of Pittsburgh-headquartered PNC Financial Services Group, Bob Hoyt, as general counsel. Hoyt will take up the role in mid-October and will report directly to group chief executive Antony Jenkins. He succeeds general counsel Mark Harding whose intention to retire was announced in February. The bank said […]

Mitigate, but don’t tolerate: reducing damages

It is an important principle of the law of England and Wales that unless a claimant seeks to mitigate its loss, or to alleviate any damage suffered by any reasonable means available, before seeking to recover compensation from a defendant, any damages which a defendant is ordered to pay may be reduced accordingly. In the […]

Scotland
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Anderson Strathern launches strategic review following revenue dip

Anderson Strathern has launched a strategic review after revenues dropped by 4 per cent at the latest year end, following three consecutive years of growth. The Scottish firm, which started its financial year yesterday (1 September), is targeting revenues of £23m by 2016, after turnover dropped from £22.8m to £21.8m in 2012/13. Managing partner Andrew […]

Julian Washington

New rules, new client bonds

Financial regulation reforms are an opportunity for firms to ramp up their customer service The financial crisis prompted a wave of regulatory reform that has swept through global markets and has been especially pronounced in Europe and North America where new rules are affecting almost every aspect of the financial industry. The Dodd-Frank Wall Street […]

Hong Kong

Linklaters hires A&O partner as first Asia restructuring head

Linklaters has appointed former Allen & Overy (A&O) Hong Kong partner David Kidd as its first head of Asia restructuring and insolvency practice. Kidd will join Linklaters’ Hong Kong office on 1 October from David Kidd & Co, a sole-proprietor Hong Kong firm set up by him last year. Kidd was previously a partner for […]

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