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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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Building Bridges

In an effort to turn its fortunes around, structural steel firm Severfield-Rowen, the business that provided steel for London’s Shard building and the 2012 Olympic stadium, has added a lawyer to its revamped boardroom. Here’s some context: Severfield-Rowen has had a rough old time in recent years, issuing three profit warnings between November and February. […]

Civil Procedure (Amendment No 7) Rules 2013: where are we now?

By Elizabeth Peene For many, the Big Bang was not quite the explosion everyone was expecting. What is clear, however, is that those who fail to comply with the Civil Procedure (Amendment No 7) Rules 2013 and court orders do so at their own peril. The Civil Procedure (Amendment No 7) Rules 2013 come into […]

Financial Conduct Authority consultation paper CP13/10: detailed proposals for FCA regime for consumer credit

By Diane Forster The Financial Conduct Authority’s (FCA’s) Consumer Credit sourcebook (CONC) will contain the majority of the FCA’s rules and guidance for the new regime. The eagerly awaited FCA consultation paper CP13/10 detailed proposals for the FCA regime for consumer credit, which proposes draft rules and guidance for inclusion in CONC, was published on […]

Allen & Overy advises MAX Automation on acquisition of AIM Group

Allen & Overy has advised MAX Automation in Düsseldorf on the acquisition of the AIM Group from Günther Holding in Hamburg. AIM-Assembly in Motion and its subsidiaries offer cleaning, testing, assembly and automation technology solutions primarily for the automotive and medical equipment industries.  The Allen & Overy team was led by Dr Michael J Ulmer […]

The reformation of distress

The abolition of the ancient common law right to ‘distress for rent’ has been on the cards since the enactment of the Tribunals, Courts and Enforcement Act 2007. However, we have been waiting since 2007 for the government to enact the necessary regulations that will bring the successor to distress, called commercial rent arrears recovery […]

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