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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 […]

Recommended

Partners quit as Scots merger creates top five law company

Leading Scottish firms are facing a serious challenge to their domination of the legal market following a merger which has created the fourth largest practice north of the border. Bishop and Robertson Chalmers, based in Glasgow, has merged with Alex Morison & Co, based in Edinburgh, to create Morison Bishop. The merged firm’s combined total […]

Judge reprimands MP for refusing brief

A barrister who refused a brief to vote in the Commons has been reprimanded by the Court of Appeal. However, the court quashed a three-month suspension imposed by the bar on Labour’s Wirral West MP, Stephen Hesford, saying it was “wholly disproportionate”. The penalty was handed down by the bar disciplinary committee after Hesford, of […]

Soul practice

I read Paul Nicholls’ comment in Square Mile (2 August) with a sense of disbelief. Obviously he is totally unaware of the challenges and threats faced by the vast majority of the profession when he says “it is difficult for the profession to complain about the application of laws from which many of its members […]

Digest

Allen & Overy is advising Credit Suisse First Boston (Europe), the financial adviser to Hellenic Bottling and Coca-Cola Beverages, and Warburg Dillon Read, also financial adviser to Coca-Cola, on the companies proposed u4.1bn merger. Linklaters is advising Coca-Cola. Beachcroft Wansbroughs is representing Hellenic. Linklaters has lost a Moscow lawyer to the Russian Ministry of Press […]

Mike Davies writes on the Commercial Agents Regulations

Mike Davies is a partner at Veale Wasbrough. The Court of Appeal case of AMB Imballaggi Plastici SRL v Pacflex Ltd tackled a difficult situation for agents and principals. The issue was whether Pacflex was an agent within the meaning of the Commercial Agents (Council Directive) Regulations 1993. AMB was the Italian manufacturer of food […]

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