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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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Cameron McKenna to open Romanian office

CAMERON McKenna is expanding in central and eastern Europe with local mergers and a new Romanian office. Polish merger plans are due to be unveiled in March, The Lawyer can reveal. “From the end of the month, we will have 90 lawyers based in Warsaw, between 20 and 25 in Budapest and 10 to 15 […]

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Judge's attack on Leigh Day sparks angry outburst from firm

SOLICITOR Martin Day has hit back at a High Court judge’s stinging ruling during high-profile tobacco litigation by accusing him of “living in an ivory tower”. Mr Justice Wright ruled that most of Leigh Day s clients who took action against tobacco giants Gallaher and Imperial fell outside the statute of limitations. He went on […]

Herbert Smith wins High Court battle against Inland Revenue

Herbert Smith senior partner Edward Walker-Arnott has won a major test case victory in a battle with the Inland Revenue. Walker-Arnott represented himself and the firm’s other partners as taxpayers in a two-and-a-half day hearing at the High Court. The case concerned how tax relief on £5m losses, from leases which the firm was left […]

Malaysian bar move to block foreigners

THE MALAYSIAN Bar Council is protesting strongly against a decision to allow foreign lawyers to practise there. At present, foreign lawyers can only act as consultants in designated areas and offer their services in offshore matters. New rights for foreign lawyers to follow enactments made 20 years ago under the Legal Profession Act 1976 only […]

Damages from Massive Attack

Massive Attack is being sued for damages of up to u100,000 for allegedly copying one of Manfred Mann’s songs on their album Mezzanine. Manfred Mann’s company, Petbrook and Creature Music, is heading for a High Court confrontation with Massive Attack members Robert Del Naja, Grant Marshall and Andrew Vowles, and Virgin Records. It claims Massive […]

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