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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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Freshfields sets up fund for train crash victim

Freshfields has set up a memorial fund in memory of young solicitor Peter Kavanagh, who was killed in the Southall train crash two weeks ago. Kavanagh, 29, was returning from visiting a client in Wales when the high-speed train he was travelling in collided with a freight train as it approached Paddington station. He was […]

In brief: Rate hikes for conditional fee insurance

Insurance premiums for the Law Society’s Accident Line Protect (ALP) conditional fee insurance scheme are to rise from 1 October. ALP is to split its insurance scheme for personal injury work into a two-tier system, charging £95.68 for road traffic accident cases and £161.20 for all other PI cases. Previously, all premiums for PI work […]

Separate roles are inefficient

I refer to Mrs Nichols’ letter in The Lawyer, 23 September. Her assertion that there are serious practical and management difficulties inherent in the joint appointment of a justices chief executive/justices clerk, is not shared by those I represent and of whom the majority hold joint appointments. It is our experience, rather than Mrs Nichols’ […]

Early binding contracts

Leslie Dubow and the SPG are wrong if they think that an early binding contract would not operate to the advantage of English consumers. The differences he cites between the Scottish and the English markets are of highly dubious relevance or accuracy. Scots are just as anxious to coincide their sales and purchases. I am […]

In brief: DJ Freeman media expert moves to RPC

DJ Freeman’s head of commercial litigation Liz Hartley is leaving to join Reynolds Porter Chamberlain on 1 November. Hartley specialises in media and IT disputes. One of her major clients for the past 15 years, Associated Newspapers, publisher of the Daily Mail, is already advised by Reynolds Porter on commercial matters. Hartley said: “RPC is […]

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