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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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Litigation Personal Injury 21/4/98

Phillips v FW Francis QBD 27 January 1998 Claimant: Mark Phillips, 42 Incident: Road traffic accident Injuries: Claimant suffered brain damage when his car collided with a heavy goods vehicle in April 1994. Other driver was convicted of careless driving. Claimant suffered personality change and his marriage has broken up. Once a microlight instructor, he […]

In brief: In-house Legal Monte Carlo 98

A conference for in-house lawyers, Legal Forum, originally scheduled for Cannes in July, has been merged into The Lawyer’s major in-house event Legal Monte Carlo 98 to be held on 30 October.

In brief: Non lawyers in privileges committee

Scottish Law Society president John Elliot wishes to point out that his speech on the establishment of a privileges committee emphasised that it should include lay-people and not “lawyers and lay-people” as stated in our report.

In brief: Law Soc threatens to abandon SMI talks

The Law Society says it will abandon the negotiations over Standard Mortgage Instructions unless mortgage lenders agree to its plan in three months. Ken Byass, chairman of the society’s property and commercial services committee, said the main sticking point was defining what duties were owed by solicitors to lenders.

Law Soc would not gain from SIF bias

Russell Wallman answers the charge that the Law Society’s consultation paper on professional indemnity is weighted in favour of keeping a reformed mutual fund. Russell Wallman is director of policy at the Law Society. Last week The Lawyer argued that the consultation process on the future of professional indemnity is in danger of being damaged […]

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