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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

A misplaced judgement

RE: Judge Attacks Barristers Without Law Degrees (The Lawyer, 9 June 1998). Mr Justice Lightman’s attack on barristers without law degrees (and by implication, solicitors) is as surprising as it is ill-considered. I can only guess at the reaction to his comments within the Patent Bar, whose members appear in front of him on an […]

Small firms lose out in SIF contributions

SMALL firms, which already face a massive hike in their Solicitors Indemnity Fund contributions due to risk banding, will have to pay out even more money, according to figures published last week. The figures, released by the society’s deputy vice-president Robert Sayer, show that a new method of calculating firms’ contributions will hit smallest firms […]

Booth forces Bar Council to back down over suspensions

LEGAL advice from Cherie Booth QC has forced the Bar Council into an embarrassing climbdown over its plans to suspend barristers who have requalified as solicitors. About 400 dual-qualified barristers were suspended on 1 May and told they must refer to themselves as “suspended from practice as a barrister as a result of becoming qualified […]

Financing

Sidley & Austin advised lead manager JP Morgan and trustee Morgan Guaranty Trust Company of New York on the £300m securitisation of a portfolio of mixed consumer loans by Paragon

Court makes intentions clear

Irvine pledges to go all the way with audience rights “There are no “no go’ areas in the Government’s determination to modernise our country,” proclaims the Lord Chancellor’s consultation paper on rights of audience and rights to conduct litigation. Noting that the 1990 Courts and Legal Services Act has led to only 624 solicitor-advocates in […]

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