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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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Expert tips…

“And now, Miss Cochrane, can you tell the court just exactly what an asset is?” “And what were the UK interest rates doing in 1988 around about the time the defendant was increasing his borrowing to £100 million?” “Can you tell the jury why the fat b****** who is the defendant should want to rip […]

Contempt of court. When the court draws the line

CONTEMPT of court: the very phrase has a medieval ring to it, evoking chains and dungeons – and the dungeon in its modern form is just what was ordered by Judge Pearson when Sarah Holt and her friend and co-witness Sophie Bird refused to give evidence at Chelmsford Crown Court. The young women had probably […]

QBD actions pending

Jury actions now pending in the Queen’s Bench Division include: Watton v Guardian Newspapers, Bennett v Guardian Newspapers, Gillan v Guardian Newspapers, Mapp v Guardian Newspapers, Trywell & ors v Colliver, McBirnie & ors v Commissioner of Police for the Metropolis, Bentinck v Associated Newspapers & anr, Talbot v British Railways Board (last two not […]

Insurance advised for council officers after liability ruling

Chris Fogarty reports Council officers engaged in joint commercial ventures should take out directors’ insurance to protect themselves from any financial liability, says leading Nabarro Nathanson partner and local government expert Ray Ambrose. His warning comes after the High Court last month found two Waltham Forest council officers personally liable for over £1m in debts […]

A loss of balance on the bench

The recent release from jail by High Court Family Division President, Sir Stephen Brown, of a father sentenced by magistrates to six weeks for falling behind on maintenance payments has raised serious concerns about the tendency of lay magistrates to take excessive action in family cases. David Burrows, the Bristol-based specialist family law solicitor who […]

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