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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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Antipodean lessons

High Court judges in New Zealand could be sent back to school after a report in the country recommended a judicial studies institute be established to educate judges and other court staff. The report, prepared by a committee of senior judges, said that at present newly-appointed High Court judges were forced to learn on the […]

Gibraltar implications. A conflict of standards makes all the difference

The European Court of Human Rights gave its first judgment on Article 2 of the European Convention on Human Rights, the right to life, in the case of McCann and Others vs United Kingdom 27.9.95, Series A, vol 324. The court found by a majority of ten to nine that the procedure and planning leading […]

CND protesters' gaffe leaves Herbert Wilkes seeing red

BIRMINGHAM firm Herbert Wilkes faces a repair bill for thousands of pounds after its main office was vandalised by CND demonstrators who mistook it for the French Chamber of Commerce. The attackers daubed CND slogans and flung red paint 40ft up the front of the Grade II-listed building following France’s second nuclear test explosion last […]

Freshfields appoints Markland as first Asia managing partner

LONDON-BASED Freshfields partner Ruth Markland is returning to Asia after six years in the UK to become the firm’s first-ever managing partner for the region. Markland moves out at the end of the month to assume control of Freshfields’ Asian network, which covers Tokyo, Hong Kong/China, Bangkok, Hanoi, Ho Chi Minh City and Singapore. From […]

OJ – what price for UK law?

If US justice has indeed been on trial in the OJ Simpson case, most observers will feel that, unlike the defendant, it has been resoundingly convicted. And if that is right, is UK justice merely on remand, awaiting the same fate? It is surely dangerous to be too categoric of vicious circles. The media coverage […]

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