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Latest Briefings

Issues concerning construction and enforceability of settlement agreements

By Craig Orr Zurich Insurance v Hayward has drawn attention to the scope for parties to re-open settlements when new evidence disproving the other side’s case later emerges. Craig Orr QC considers this and other issues concerning the construction and enforceability of settlement agreements, by reference to modern English and Commonwealth authority.

Romanian Competition Council’s conclusions on retail banking sector inquiry

By Iustinian Captariu, Theodora Stoica Following the adoption of EU Directive (EU) 2015/2366 of the European Parliament and Council of 25 November 2015 on payment services in the internal market (“PSD2”), the Romanian Competition Council (the “RCC”) launched in 2016 a comprehensive study of the Romanian retail banking market. PSD2 is expected to fundamentally change the way […]

Canada: Federal government to implement Wells v Canada

By Jaimie Lickers, John J. Wilson Yesterday, representatives of the federal government and the Qalipu Mi’kmaq First Nation of Newfoundland announced that – as a result of the litigation advanced by Gowling WLG – it will reassess approximately 58,000 membership applications for membership denied on the basis of the evidentiary criteria set aside in Wells v. Canada. […]

MPs can depend on government to renegotiate as part of meaningful vote

By Kieran Laird In the political tempest of the last couple of days it would be easy for a report by a Parliamentary committee to slip under the radar unremarked. However, today’s report by the Commons Procedure Committee concerns the very live issue of the form of the motion on which MPs will have their meaningful […]

Can the UK reverse out of Brexit?

By Kieran Laird In a few weeks MPs will be asked to vote to approve the Withdrawal Agreement and political declaration on a future trade deal negotiated by the government. At present, the mood music is that many – both pro- and anti-Brexit – dislike the package. However, whether or not they vote against it will, […]

Recommended

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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