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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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Secret Service documents to be released

Dechert is to ask the Treasury Solicitor to hand over secret service documents relating to the prosecution of the former director of Ordtec John Grecian, who is suing Customs & Excise for more than £1m in damages for malicious prosecution and misfeasance in public office.`Dechert senior assistant solicitor Lawrence Kormornick will bring the case after […]

Shearmans boosts New York property

Shearman & Sterling is ramping up its New York real estate practice with the hire of a team from the New York office of Los Angeles firm O’Melveny & Myers.`Partner Malcolm Kratzer is moving with three assistants to boost the firm’s capability in real estate finance and investments.`His clients include Deutsche Bank, Lehman Brothers Holdings, […]

Prologis

This deal for ProLogis is the first cash-funded multi-jurisdictional real estate securitisation in Europe and it is expected to be the first in a number of similar transactions which could total euro1.5bn (£905.3m) in the next three years. The euro213.8m (£129.5m) deal involves the securitisation of 31 properties based in the UK, the Netherlands and […]

Bond Pearce and Cartwrights merger to create £30m firm

Cartwrights to hive off insurance litigation team as Berrymans Lace Mawer waits in the wings Bond Pearce and Bristol-based firm Cartwrights have announced plans to merge from 1 July, but will spin out Cartwrights’ insurance litigation practice as an independent partnership.`The firms have been discussing a merger since December 2000. Cartwrights managing partner Christopher Eskell […]

Reforming the classes

In February 2001, the Lord Chancellor’s Department (LCD) issued a consultation paper called ‘Representative Claims: Proposed New Procedures’. The proposal has been issued in line with the Government’s aim to improve access to justice.`In private law cases, claimants must show that they have a legal right that they are seeking to enforce. But in public […]

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