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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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Bacfi proposals find backing

An open meeting of around 60 members of the Bar Association for Commerce Finance and Industry (Bacfi) has backed calls for partnerships between barristers. The meeting, held earlier this month, was called by Bacfi’s executive committee as a means of testing the level of support within the organisation’s rank and file for its reform agenda. […]

Marine four get on board at Berrymans

Insurance litigation specialist Berrymans is to take four marine partners from six-partner marine firm Ingledew Brown Bennison & Garrett, raising the number of partners at Berrymans to 32. The four – senior partner Martin Sutton, Ken Thwaites, Roger Miles and Stuart Armstrong – together with five assistants, will join Berrymans’ office from 2 December but, […]

Olswang puts on six Stones

Olswang has boosted its property department from four to six partners overnight by poaching almost half of Stones Porter’s property team. Two partners, two assistants and two secretaries are all going to Olswang. One of the two partners, Tim Westhead, had been at Stones Porter for 11 years; his colleague Martyn Needham joined in 1987 […]

Electrifying deal

Freshfields has been appointed as the legal adviser to the Electricity Generating Authority of Thailand for phase one of the privatisation of its thermal power plants. Shares in the privatised power companies are expected to be floated initially on the Thai stock market in 1997. Freshfields will be coordinating the work from its office in […]

DoE project searches for ADR answers

A senior London university lecturer commissioned by the Government to examine the highly adversarial construction industry has accused lawyers of preferring courtroom battles to alternative dispute resolution. Nicholas Gould, a senior lecturer in Westminster University’s Construction, Housing and Surveying department, says that lawyers often take disputes out of their clients’ hands. This, he claims, can […]

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