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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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Domain names as trademarks in Austria

By Martin Prohaska Marchried Digital brand engagement has become more and more important in the last years in the CEE: for example, in the realms of e-books, training courses, software and domain names. In some cases, domain names can qualify for trade mark protection in the CEE. In a recent ruling, the Austrian Supreme Patent […]

Acas publishes non-statutory guide to settlement agreements

Acas has published new non-statutory guidance to accompany the introduction of its new statutory code of practice on settlement agreements, which came into force on 29 July 2013. The new guidance sets out good practice and has no formal status in employment tribunal proceedings. However, it is designed to help employers and employees understand what […]

Further developments in stamp duty land tax

By Niall Murphy We have previously reported on earlier court decisions considering certain aspects of the SDLT legislation. Since then a number of further decisions have been issued. The first two — The Pollen Estate Trustee Company v HMRC and HMRC v DV3 RS Limited Partnership — are decisions of the Court of Appeal, and the […]

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