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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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In brief: Law Society course may have netted £1m

The Trainee Solicitors’ Group (TSG) claimed last week that the Law Society makes a profit from students on the legal practice course. The TSG said that figures produced by the Law Society revealed that the Law Society may have made a £1m profit from students since the course was introduced in 1993.

Translation: a simple matter of interpretation?

Interpreting the English “legalese” used by many international business contracts is no easy matter, reports Richard Tyler. How quick is “promptly”? What is the difference between a “representation” and a “warranty”, and are “best endeavours” better than “best efforts”? These are just some of the problems foreign lawyers and judges face when trying to interpret […]

Criticism is disingenuous

David McNeil’s response to the Fabian Society report by Andrew Francis and myself (The Lawyer, 9 june) was both pompous and disingenuous. First, he states that “self-regulation works better than any other, alternative arrangement”. How would he know? The Law Society has never seriously considered giving up self-regulation for the benefit of consumers as this […]

In brief: Two new partners for niche firm Wrigleys

Yorkshire firm Wrigleys has appointed Julia Boyes and David Goldrick as partners, bringing the total number of partners to six. The niche private client and charities firm has doubled in size in the past year.

Bahl's call for sex equality “superlaw' gathers support

A call by the Equal Opportunities Commission (EOC) for a sex equality “superlaw” has received widespread backing. EOC chair Kamlesh Bahl last week called for a single replacement for a plethora of laws which, she said, conflicted with each other and with EU law. She said the EOC had received 200 replies to a paper […]

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