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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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York firm broadens its horizons

North Yorkshire firm Harrowell Shaftoe has announced plans to expand to a new site outside York. The move is designed to develop the firm’s commercial law service and provide clients with easier access and parking. The firm already has two offices in the city. Senior partner, John Yeomans, says: “This development is a major investment […]

The Lawyer Inquiry: Jon Vivian

Jon Vivian is a property law partner at City firm McKenna & Co. Aged 40 he was born, and still lives, in Sussex. What was your first job? Labouring long and hard in a saw mill. What was your first ever salary as a lawyer? Negligible. Some things never change. What would you have done […]

Bar Council faces access issue again

THE Bar Council could face a demand from barristers for direct access by the public, partnership between the two arms of the profession and higher court advocacy rights for the employed Bar, if resolutions are passed at its annual general meeting next month. The Bar Council has already rejected wider direct access. The partnership question […]

MEPs up pressure for establishment

THE EUROPEAN Commission has promised to draw up a draft rights of establishment directive by the end of November. The news has been welcomed, but there are suspicions that the promise will not be kept because it was made under intense pressure from the European Parliament. MEPs had written repeatedly to the commission to ask […]

Claire Ferguson considers insurers' liability for wasted costs

Claire Ferguson There was a question in a recent professional negligence case of whether the defen- dant’s professional indemnity insurers might be liable for costs incurred by the plaintiffs, which were argued to have been wasted by the insurers’ unreasonable act. If successful (the point has yet to be determined by the court) the insurers’ […]

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