Litigation Recent Decisions 03/12/96

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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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In brief: Croydon firms form alliance

Ormerod Wilkinson Marshall and The Heap Partnership are merging to form the largest firm in Croydon, south-east London. OWM is headed by former Law Society president Sir John Wickerson. The alliance comes as OWM loses its head of litigation, John Wilkinson, who has been appointed a district judge by the Lord Chancellor. He takes up […]

Freshfields sweeps into Italian market

Freshfields has pulled off a major coup as it prepares to enter the Italian marketplace, by scooping up a Milan firm and entering into talks with a Rome-based firm. It has taken over Milan-based Lega Colucci Albertazzi & Arossa (LCAA), a full service firm which will form the kernel of the Freshfields practice. This follows […]

No merit in raising limit

Re: “The big issue of small claims” (Viewpoint 27 August). Raising the small claims limit to £25,000 is not the way to increase access to justice, particularly if the Legal Aid Board persist in their present view that cases being dealt with by arbitration do not merit legal aid. Going to court, whether arbitration or […]

Commercial first for northern set

Two senior Manchester barristers are leaving Hollins Chambers to start the first exclusively commercial set outside London. The new set, to be known as Merchant Chambers, is the brainchild of barristers David Berkley and Stephen Cogley, who aim to provide purely specialist representation for the area’s business and banking sectors. They plan to start business […]

Making sense of court divisions

It is more than a century since the Courts of Common Law and Equity were merged but as far as the organisation of the High Court is concerned that merger might never have happened. The division of functions between the Chancery and Queen’s Bench Division is still based on historical factors rather than logic and […]

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