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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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An artificial divide that's had its day

In the first 18 months since solicitor advocates began to appear in the Higher Courts there has been a slow but steady stream of litigation solicitors who have obtained the Higher Courts qualification. Currently there is no sign that the stream is increasing, but the truth is different. The City giants are not asleep; they […]

Brief

IBA representatives and Bar leaders from 14 African countries met with South African president Nelson Mandela on the eve of the recent Commonwealth Heads of Government meeting in New Zealand. Mandela, who cancelled plans to deliver the IBA Section on Business Law’s 25th anniversary lecture to attend the conference, met with representatives including IBA president […]

Armed Forces Act

To be reviewed next year after claims of human rights violations, the Act is likely to take a new line on the courts martial system. The review will be conducted by a Commons Select Committee and, although courts martial are unlikely to be made defunct, it is accepted reform is needed. The procedure under which […]

Damages for whisky shipment

A row between whisky manufacturers William Grant and Sons and Lloyd’s underwriters is heading for the High Court. Grants is seeking damages after losing almost £2 million on a contract to ship whisky to Iraq. After it shipped whisky worth £1,400,950 to Iraq in 1988, the Revolutionary Command Council of the Republic of Iraq banned […]

Caution over complaints

I do hope members of the Bar will think carefully before following the advice of Ronald Thwaites QC (The Lawyer 7 November 1995) that they should vote against the Bar Council’s complaints system at the extraordinary general meeting on 21 November. As I have pointed out in my last three annual reports, the Bar’s present […]

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