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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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Squire Sanders bags Coudert team in Beijing

Squire Sanders & Dempsey’s China practice has scooped a team from Coudert Brothers’ Beijing office. The US firm has hired US-qualified partners James Zimmerman and Sungo Shim and three associates for its Beijing office, taking its lawyers to eight. The firm also plans a Shanghai office by the year’s end. First reported on www.thelawyer.com/lawyernews 3 […]

Jardine Matheson wins A&O partner

Linklaters client Jardine Matheson Group has appointed veteran Allen & Overy (A&O) corporate partner Jonathan Gould as its next general counsel based in Hong Kong. As first revealed on www.thelawyer.com/lawyer news on 5 June, Gould will replace former Linklaters partner James Watkins, who retires at the end of the year. Linklaters’ strong institutional relationship with […]

FCO puts prospective UK ECJ judges on trial

The Foreign and Commonwealth Office (FCO) last week interviewed candidates to replace the UK’s retiring European Court of Justice (ECJ) judge David Edwards. An FCO nomination will be made in the next few weeks, which must then be ratified by the European Council of Ministers, although this is just a formality. Edwards, who leaves at […]

Divorce thoughts

Barely a day goes by without another rumour emanating from the Italian legal market. US firms are signing teams from X, while UK firms are merging with Y. But Tulkinghorn heard words of caution from one Italian in-house counsel this week and thought he ought to share it with all those flirty Anglo-Saxon firms. Commenting […]

Govt rids CFA cases of indemnity principle

The Government has thrown its weight behind the use of conditional fee agreements (CFAs) by removing a long-running legal complication that has made them confusing for clients. Last Monday (2 June), new regulations came into force scrapping the use of the indemnity principle in no win, no fee cases. The indemnity principle, which requires lawyer […]

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