Lawyer argues courts martial system unfair

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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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Litigation Recent Decisions 24/01/95

Negligence by permitting intoxication leading to death Barrett v Ministry of Defence (1995) (CA 21/12/94) (Neill LJ, Beldam LJ, Saville LJ) Appeal by Ministry of Defence against decision of Judge Phelan on the ground that it was in breach of duty to the deceased and for a re-assessment of apportionment of liability.

Law Soc may foot u50,000 bill

THE LAW Society could face a u50,000 bill after the Solicitors Disciplinary Tribunal threw out a misconduct case against an assistant solicitor. The tribunal took the unusual step of ordering the society to pay costs after accepting a submission of no case to answer during the hearing. Michael Carroll, of Wilson & Co, was cleared […]

Pupillage move fuels race fears

FEARS of indirect racial discrimination at the Bar have surfaced again. Black lawyer groups and the Bar Council’s own race relations committee are concerned that a proposal to delay call to the Bar until after six month’s pupillage will be unfair to ethnic minorities. The committee and others say the proposal could add to problems […]

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Experience not essential

Roger Pearson on a tragic case of a young barrister’s parachute accident The High Court ruling two weeks ago on the tragic death of barrister Tatiana Pond in a freak parachute accident, focuses on new areas of sporting liability. Pond died after an 8,000ft parachute drop ended with her landing on the plane from which […]

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