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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

A tale of two names

Rubinstein not Rubenstein! My grandfather, J.S. Rubinstein, first practised as a solicitor in Gray’s Inn in 1889: the firm became Rubinstein Leggatt & Co. I followed my uncle, Stanley Rubinstein, practising alongside his two brothers, Harold (my father) and Ronald, as senior partner of Rubinstein Nash & Co. Now I am retiring as a consultant […]

Bacfi article “nonsense”

A eulogy to barristers in the Bacfi Bulletin was slammed as “palpable nonsense” by a leading in-house solicitor. Jyoti Munsiff, chair of the Law Society’s commerce and industry group, said the article, which compared the qualities of solicitors and barristers, did not tell the whole story. It read: “If a company wants to employ a […]

Spawning libel actions

A sub-plot has developed as the provisional hearing date next month draws nearer in the libel action being taken by former Welsh police superintendent Gordon Anglesea against the Independent on Sunday, The Observer, Private Eye and HTV. Scallywag magazine has joined the fray and served a libel writ on defamation lawyer Barton Taylor of Russell […]

Lovell White Durrant backs wordsmiths

Lovell White Durrant is to sponsor the 1994 International Awards for Students, a writing competition for students. This year, entrants will have to write an essay based on the title: When does lobbying become an abuse of the parliamentary system? More students than ever are expected to take part. Lord Scarman has dubbed the question […]

Paul Llewellyn takes issue with poor reporting of cases

Paul Llewellyn Newspapers frequently do a disservice to the public in their reporting of the law. One field where this happens is that of personal injury litigation and in particular the so-called “RSI” (Repetitive Strain Injury) cases involving Judge Prosser QC. The judge may well have been justifiably criticised in awarding a modest sum of […]

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