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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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Howard faces struggle over CICS

MICHAEL Howard will have difficulty pushing through legislation to reinstate the tariff-based criminal injuries compensation scheme declared unlawful by the Lords, the Law Society predicts. The ruling against the Home Secretary’s controversial scheme has been applauded by the Law Society and hailed as a major victory for the victims of crime by the lawyers who […]

Computer copyright proposals 'unfair'

COMPUTER lawyers have given a cool response to plans for new copyright laws to be put before the Department of Trade and Industry this week. The proposals aimed at controlling the use of protected material on the Internet have been criticised as “unfair” and “unworkable”. Plans for a “transmission right” to ensure copyright owners receive […]

Couderts signs head of litigation

ELBORNE Mitchell partner Jonathan Clegg has joined the London office of multi-national practice Coudert Brothers as its head of litigation. Clegg started with Couderts last week, replacing former SJ Berwin & Co lawyer Dr Julian Lew, who left to join Herbert Smith after less than three years with the firm. Couderts’ London administrative partner Steven […]

Financings

The British Land Company was advised by SJ Berwin & Co in relation to its placing and open offer to raise around u210.7m. The brokers to the issue

A time bomb waiting to explode

The Woolf report’s proposals for small claims may cause problems, says John Lymbury Woolf Report on Civil Procedure. I particularly welcome those that relate to the smoothing of procedures, the shortening of endless disclosure and discovery, and the “case management”, which is clearly designed to bring matters to trial more quickly than hitherto. In fact […]

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