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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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Loan to own – a good way to acquire property?

Over the last few years, there have been billions of pounds of non-performing real estate loans bought and sold. These loans have either been settled, refinanced, sold to third parties or enforced, but a large number are still held by lenders. Given the recovery in the property market, it is understandable why investors are looking […]

Energy savings scheme: time is running out

By Lee McBride With financial penalties of up to £90,000 for non-compliance – but also potentially huge savings to be made through the scheme – it’s essential that qualifying companies are prepared for the Energy Savings Opportunity Scheme (ESOS). What is it? Announced last year, ESOS is a new regime requiring organisations to assess their […]

Cyber security: time for SWAT

By Magnus Boyd Data breaches are now one of the biggest threats to corporate reputation. As the public wakes up to how much of its data is in circulation, how long it can be stored and how much value it has, they are rightly demanding that it be properly secured. Compromised data compromises goodwill. There […]

Discrimination and public services

By Tim Jones Indirect discrimination has been of particular relevance in gypsy or traveller cases. Since a Traveller can be both within a protected race, such as an Irish or Scottish Traveller, or a New Traveller outside it, a “No Travellers” sign or unequal policy in respect of Travellers will not be not direct discrimination… […]

Changes for companies: moves to cut red tape

Companies House has updated the implementation timetable for some of the new transparency and filing provisions which will affect all companies. From October 2015 the following changes will be made: • The public online register will partially suppress a director’s date of birth so that the day of the month will not appear. This is […]

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