Points of review

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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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Vicarious liability

Kari Hansen takes a look at dual vicarious liability in light of the Supreme Court’s ruling in the Catholic Child Welfare Society case The Supreme Court handed down its unanimous judgment in the case of The Catholic Child Welfare Society (‘the Middlesbrough defendants’) and others v Various Claimants and The Institute of the Brothers of […]

Why Cameron has got it wrong on judicial review reform

It seems that David Cameron is a firm believer in the old adage that no government ever lost votes by attacking the legal profession. After LASPO’s cuts to legal aid provision, the coalition is now gunning for judicial reviews (JR). In a speech to the CBI on Monday outlining his proposed reforms, Cameron lamented that […]

Charles Kerrigan

Banks face conflict of interest

Banks are being short-changed when it comes to their interests by a system that favours lowest fees With financial institutions scaling back their legal panels in the news, attention is being turned to how the work will be done. Once law firms have a place on a bank panel there remains the question of the […]

Gideon Benaim

Independence day

Lord Justice Leveson should recommend a regulator that has teeth under a system that preserves freedom of expression, which will be no small task, says Gideon Benaim It is crystal clear to everyone, including the leaders of the three main political parties, that self-regulation hasn’t worked; so Lord Justice Leveson’s recommendations should be for independent […]

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Johnsons Solicitors seals settlement in X Factor judge’s libel action

Irish firm Johnsons Solicitors has steered a settlement for X Factor judge Louis Walsh, who has accepted €500,000 (£404,000) in libel damages from Matheson client The Sun over false sex assault allegations published last year. The talent show judge and music manager sued the tabloid’s publisher News Group Newspapers (NGN) in Ireland after The Sun […]

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