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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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Mackay's plans: what lawyers think

Why the change? The system is failing because “clients and money are directed to solicitors” leading to court-based lawyer-led services. Solicitors are able to run cases the way they want which is “often not the way that either the client or the Legal Aid Board would choose”. The cost of legal aid is rising at […]

SPG meeting brings report row to boil

A SIMMERING row between senior figures in the Law Society Sole Practitioner’s Group looks set to boil over this week when the group holds its annual meeting. The meeting – attended by the society’s presidential candidates – will be fired up by claims that chair Arnold Rosen is being censored by his own ruling committee. […]

Wilde Sapte hits top note in noise case

OPERA lovers are applauding the performance of City firm Wilde Sapte after it succeeded in overturning a conviction for “noise nuisance” against the organiser of the Garsington Opera Festival. The victory by partner Brian Smith, lawyer Kate McDonald and QC Richard Beckett, means the much-publicised open air festival will go ahead at Oxfordshire’s Garsington Manor […]

Mackay snubs Law Soc aid plan

THE LORD Chancellor has dismissed the Law Society’s blueprint for legal aid reform and called for a more imaginative response to his own radical proposals. A cash-limited legal aid fund and the restriction of legal aid delivery to franchised firms are central tenets of the Lord Chancellor’s reform Green Paper. The proposals are vigorously opposed […]

Keeping it clean

The potential areas of liability under environmental law which affect businesses in this country are well known. The Environmental Protection Act 1990, the Water Resources Act 1991, provisions under the Environmental Bill and the legacy of common law provide the framework within which industry and commerce operate. There are very good reasons for operating within […]

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