German strategy changes

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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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Conditional fee insurance is not a rip off

Far from being a genuine attempt to promote access to justice, Anthony Barton believes that lawyers’ support for legal aid constitutes little more than a thinly-veiled vested interest> Not long ago the Bar Council reportedly warned that the introduction of conditional fees to replace the civil legal aid would lead to the public being “ripped […]

Correction

In last week’s litigator’s view, we incorrectly stated that Judge Alton held Birmingham District Council liable following a swimming pool accident. In fact, the council involved was Wyre Forest District Council. Sarah Paneth has asked us to put the record straight and we are happy to do so. We apologise to Sarah Paneth and Birmingham […]

Litigation Recent Decisions 24/2/98

Where liability is admitted but quantum is in dispute Peter Limb (Appellant) v (1) Union Jack Removals (in liquidation) (2) Jack Robert Honess (Respondents): McGivern v Brown: Partington v Turners Bakery: Pyne Edwards v Moore Large & Co: Smith v Brothers of Charity Services: Tomkins v Griffiths (1998) Court: CA (Brooke LJ, Mummery LJ and […]

In brief: Irvine examining daily fee plan for litigants

The Lord Chancellor, Lord Irvine has revisited the idea of charging litigants a daily fee during court cases in order to discourage them from stringing out cases. The proposal, first raised by Lord Irvine’s predecessor, Lord Mackay, is contained in a “discussion paper” on court fees issued by the Lord Chancellor’s Department last Friday.

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