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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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RSL

A fantastically meaty deal for Denton Wilde Sapte, which has spent the past 12 months nabbing some of the biggest insolvencies around. RSL is a Bermuda-based telecoms company with a range of subsidiaries around the world. The group has fallen prey to the downturn in the telecoms sector and has debts in excess of $1.5bn […]

Opinion

Are too many individuals being channelled into bankruptcy, when there are alternative routes to recovery? With bankruptcy becoming more acceptable in our economy there is now less stigma attached to it. As a consequence, there is a potential danger that the advice given to individuals in serious financial difficulties may be to declare themselves bankrupt […]

Heleniak awaits Shearmans vote

New York firm Shearman & Sterling will vote this week to appoint M&A lawyer David Heleniak as its new senior partner. Present incumbent Stephen Volk has been in the role for 10 years, and under the firm’s partnership deed is allowed to serve only two five-year terms. Heleniak, whose clients include Goldman Sachs, Merrill Lynch, […]

DJ Freeman appoints new senior partner

DJ Freeman has appointed corporate insurance specialist Toby Greenbury to the role of senior partner following an equity vote last week. He will take over from litigator Colin Joseph in May. Greenbury has been with the firm for 21 years. He is also a member of the New York bar. He has built up a […]

Ireland: CASE summary

Beverly Cooper Flynn v RTé On 23 March, a final verdict was announced in the Beverley Cooper Flynn libel action against RTÉ (Radio Telefis éireann). The jury found that RTÉ had failed to prove that Cooper Flynn had persuaded James Howard to evade his tax obligations. However, they also found that RTÉ had proved allegations […]

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