Salvaging the situation

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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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Applicants face tough task to satisfy silk selection criteria

Architect of new scheme Robin Knowles QC speaks exclusively to The Lawyer There was almost universal acceptance that if the QC system was to be retained it needed substantial reform. Is the task simply too big? With a two-year backlog – plus those that failed to make the grade when the floodgates opened in 2002-03 […]

Court of Appeal plays supporting role to under-fire actuarial firms

A recent Court of Appeal decision has given actuarial consultancies a glimmer of hope amid an increasing trend for pension funds to sue their advisers. Kirkpatrick & Lockhart Nicholson Graham and John Wardell QC of Wilberforce Chambers secured victory for actuarial firm William M Mercer, which was being sued by Irish company Precis over advice […]

Handling Conflict within the Partnership

By Simon Taylor (MA Oxon and MCIArb) and Patricia Wheatley Burt (FCIPD) When things are going well, with profits up and the firm going places, it is very easy to overlook, or even accept, individual idiosyncrasies and conflicting agendas within a partnership. When the cycle turns, however, such issues can too easily turn into crises. […]

Z-heads

Oh the larks of public school. Ashurst‘s UK partner in Madrid Stephen Fox is nicknamed El Zorro. Even better, the firm also has a Spanish partner called Gonzalo Jiménez-Blanco. They call him Jimmy White.

Hogan boosts Paris with Winston coup

Washington DC-based Hogan & Hartson’s Paris office has hired a labour and employment team from US rival Winston & Strawn. Hogan signalled its intent to beef up its French offering last month when it took corporate partner Jean-Marc Franceschi from Jones Day. It has followed that by recruiting labour and employment partners Dominique Mendy and […]

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