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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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Children’s champ

The NSPCC’s Barbara Esam’s remit of fighting for youngsters who fall foul of the law has helped keep her in the UK for twenty seven years longer than intended. Brendan Malkin reports Barbara Esam’s role is not that of your average in-house lawyer. She would feature just as well in ‘campaigning people’ stories in The […]

Picking up the pieces

Enronitis has defined new frontiers of professional and corporate governance, says John Powell QC Enronitis is the epitome of colossal failure of corporate governance and the consequences that follow. WorldCom is one of the latest to exhibit the disease, and there are more collapses to come. Investment banks, analysts, accountants and others who are perceived […]

Dewey loses NY team to Stroock

Dewey Ballantine has lost an eight-lawyer insolvency and restructuring team to Stroock & Stroock & Lavan in New York Partner Michael Sage led the exodus, which includes Gerald Bender and Mark Palmer, who have joined as partners, and five associates. Sage has become co-chair of Stroock’s insolvency and restructuring practice.Stroock managing partner Thomas Heftler said: […]

UK law cleaned up by soap

As most of you will be aware, the European Court of Human Rights (ECHR) last week issued a historic judgment in the case of Goodwin & I v UK. After almost 50 years of case judgments in the UK and the ECHR that have failed to protect transsexual people’s rights, the ECHR last week ruled […]

Strategic weapons in risk management

Can or should strategic litigation such as Cave v Robinson Jarvis & Rolf help to manage the legal profession’s risk? The recent, much publicised House of Lords decision in Cave (The Lawyer, 29 April) restored the position on limitation periods, to the relief of solicitors and their insurers all round. On another level, the case […]

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