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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 […]

Recommended

Spare us the sermons

Losing an election I can take in my stride but please spare me the regular sermons from Tony Holland. Although I normally disagree with virtually everything he says I have resisted the urge to respond, but one of his recent columns contained two statements which are such fine examples of Law Society-speak that I can’t […]

In brief: Shipping firm clerk sails off with £40,000

A former book-keeper at shipping law practice Zaiwalla & Co stole £40,000 from the firm, forged the senior partner’s signature to open a bank account, and gave a former employee £1,800 without permission, a tribunal heard. The Solicitors’ Disciplinary Tribunal has banned Brian Brown from being employed in the profession without Law Society consent. Brown, […]

Run courts for customers, says Boateng

The courts must no longer be run at the convenience of judges and lawyers, and “if they don’t like it they can lump it”. That was Labour legal affairs spokesman Paul Boateng’s uncompromising message to the joint Law Society and Legal Aid Practitioners Group conference on legal aid, which was held last Thursday. He called […]

What is the matter with the CCBE?

As the proposed directive on Rights of Establishment trundles through various European channels, it transpires that the CCBE has only now sent a letter of support to the Council of Ministers. The letter, written by President Ramon Mullerat, said that the directive was “closely akin” to the position of the majority of the CCBE’s delegations. […]

US advocacy rules supreme

Michael Bowes’ article on the “revolutionary method” of advocacy teaching introduced by the Australian judiciary rightly pointed out the faults in the old “observe and learn methods” and that advocacy cannot be learned from reading. However, I feel compelled to correct him in his view that this innovative method hails from Australia. Indeed, what he […]

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