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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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'Solicitors benefit from disabled bill'

The main topic of interest in 1995 for members of the Law Society Group for Solicitors with Disabilities, as for any person with a disability, is likely to be the progress of the new Disability Bill through Parliament. Heralded as ” the greatest advance for disabled people in the history of this country” by the […]

Inquiry gives IR increased access to files

The Inland Revenue will have increased powers to gain access to tax advisers’ confidential files, following the Government inquiry led by Law Society ex-president Philip Ely. Accountants Pannell Kerr Forster says it is concerned that this may represent a “serious invasion of privacy”. The firm says that safeguards called for by Ely have not been […]

Acquitted Scots partners slam 'groundless' fraud prosecution

TWO partners from the Scottish office of leading personal injury and trade union firm Robin Thompson & Partners were acquitted of fraud charges by the Edinburgh Sheriff’s court. Partners David Stevenson and Lawrence Lumsden had both denied accusations of overcharging other solicitors when recovering litigation costs after successful cases. The prosecution alleged they had overcharged […]

Scots anger over fee hike

HOGMANAY heralds further outrage for Scottish lawyers and court users over additional rises in court fees, including a half-hourly fee rate for the High Court. Both the Law Society of Scotland and the Scottish Consumer Council will lobby MPs on what the latter describes as “a further erosion of the Scottish civil justice system”. The […]

Mackay pulls up LAB over advert

THE LORD Chancellor has rapped the Legal Aid Board (LAB) over the knuckles for pre-empting his plans for legal aid reform. Lord Mackay wrote to Law Society President Charles Elly to stress his concern over a board advertisement which assumed block contracts would be introduced. Richard Collins, planning manager, originally said the board would not […]

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