The Lawyer Inquiry: Gary Philpott

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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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From despair to where?

As UK universities churn out law graduates at a far greater rate than the profession can handle, many would-be lawyers ask whether the needs of students and trainees are adequately represented by the Law Society. Each year approximately 7,000 people graduate from the Legal Practice Course (LPC) while students face the dismal prospect of competing […]

Strapped for cash

Roger Jones, chair of the Law Society’s training committee: I chair the Law Society’s training committee but I am writing in a personal capacity. The Law Society cannot do much more than it already has done in putting pressure on the Government to extend mandatory grants to the vocational course and persuading local education authorities […]

Take the tax advantage

Jim Eberwein A combination of an offshore investment with trusts can produce substantial tax savings for any well advised UK resident domiciled investor. There are different types of offshore investment but for efficient tax planning purposes the offshore insurance bond is the vehicle for sheltering income and capital gains. The insurance bond is tax efficient […]

Property

Mercury Asset Management, advised by Manches & Co, has been involved in the interim funding and forward purchase of a £14m retail warehouse park at Oldbury Green in the West Midlands, which has been completed by St Modwen, advised by Wragge & Co.

Litigation Recent Decisions 09/05/95

Tracing funds paid in property deal Boscawen & Ors v Bajwa & Ors: Abbey National v Boscawen (1995). (CA (Stuart Smith LJ, Waite LJ, Millett LJ). Summary: Entitlement to funds in court derived from a sale under a charging order and tracing funds paid to a chargee so as to create an equitable charge over […]

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