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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 […]

Recommended

SIF distorting market claims Michael Beloff

Michael Beloff QC has attacked the Law Society’s Solicitors Indemnity Fund (SIF) for restricting and distorting competition under European Community law. Beloff’s advice was requested by the November Group, which is campaigning against compulsory professional indemnity insurance. Beloff also says that SIF is “the creation and puppet of the Law Society” and through it the […]

In brief: The International Bar Association

The International Bar Association’s Human Rights Institute has achieved further success by successfully negotiating the release of Iranian legal scholar Hojatoleslam Sayyid Mohssen Saeidzadeh. He had been detained without charge and denied access to counsel since June 1998. He was imprisoned because of an article he had written arguing for a progressive view of Islam […]

Time to play the field in euroland

Chris Bates, Clifford Chance Haydn Puleston Jones, Linklaters Bill Richards, Lawrence Graham Much has been said about the potential strengths and pitfalls of the euro, now the world’s second-biggest currency. But the creation of euroland, an 11-nation bloc with a population of 290 million and an economic output equivalent to that of the US, is […]

Calvert-Smith puts on a brave face while CCPs quit the CPS

The Crown Prosecution Service (CPS) is facing a massive brain drain of its most senior lawyers following the planned shake-up on 1 April. More than half the country’s 13 chief crown prosecutors (CCPs) will quit the CPS, cashing in on potentially lucrative early retirement and redundancy packages that will cost the service hundreds of thousands […]

Auditor condemns banks for falsifying affidavit figures

Banks are wasting the time of courts and submitting incorrect affidavits as they take cases to recover money from customers, claims a leading bank auditor. Mark Radin, managing director of bank auditors Anglia Business Associates (ABA), makes the claims at the same time as a high street bank admits to errors in an affidavit used […]

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