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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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Insider's guide to the digital galaxy

According to pundits, e-commerce experts are few and far between. Mark Brandon examines industry’s views as to which firms are scaling the heights ‘Good e-commerce lawyers are rarer than hen’s teeth.’ That is, according to one head of department at a major City law firm which, in common with most of its rivals, is trying […]

Case of the week

Microsoft v the US Department of Justice. Hordes of bemused spectators heard the closing arguments of a titanic struggle between the world’s largest software company, headed by Bill Gates (pictured) and the US government, which is accusing Microsoft of being a monopoly, of increasing costs for the consumer, and of curbing industry innovation. Presiding judge, […]

Developers seek go-ahead

The developer for a scheme which includes 60 holiday lodges and a leisure club at Wootton on the Isle of Wight has launched new legal moves in a bid to clear the way for the scheme. The scheme was blocked by a High Court decision in June. Leisure Great Britain, which the High Court held […]

Making virtual legislation into a reality

Fancy a Sony Nicam TV for £3? Well, you’re too late, at least if you want to buy one from a legitimate source, like Argos. Just a couple of weeks ago, Argos, the famous retailer, found itself on the raw end of the e-commerce revolution when thousands of people purchased TV sets from its website […]

Too many loopholes spoil the rules

Marlene Winfield of the National Consumer Council gives her reaction to the Law Society’s new practice rule. Marlene Winfield is the National Consumer Council’s senior policy officer for legal services. On 3 September, the Law Society unveiled its new practice rule on client care. It was three years in the making. Launching it, the president […]

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