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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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Bloxham won’t appeal; Freshfields drops costs claim

Former Freshfields Bruckhaus Deringer insolvency partner Peter Bloxham has decided not to appeal against the judgment that found unanimously for his former firm in an age discrimination claim he brought. The news means that Freshfields has no more pending lawsuits against it this year. Bloxham said in a statement through his solicitors Dawsons that he […]

Humdrum chums

Real estate lawyers are a pretty mediocre bunch of people. These are not the sentiments of Tulkinghorn, he hastens to add, but of one of the heads of real estate of a prominent global firm, no less. When Tulkinghorn’s scribe met with this self-effacing figure he quizzed him on the subject of heroes and pioneers […]

Civil mediation cases up by a third

The size of the civil and commercial mediation market has grown by around a third to 3,700 cases per year, compared with 2,700 in 2005. The biennial audit by The Centre for Effective Dispute Resolution (CEDR), which surveyed more than 350 mediators, reported that the industry is now worth in the region of £8.2m a […]

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Spiralling hourly rates fail to trickle down to associates’ pay packets

UK partners have hiked their hourly rates by an average of 60 per cent over the past four years, with partners in national firms almost doubling their charge-out rates over the same period. According to the 2007 Hourly Rate Survey, conducted by Legal Budgets in conjunction with The Lawyer, in 2003 magic circle partners commanded […]

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Global compliance has given counsel a mountain to climb

The long climb of compliance was a key topic for speakers during a series of conferences attended by more than 200 leading in-house counsel and compliance officers in New York and New Jersey in October. Hosted by the Association of Corporate Counsel America and Eversheds, the conference materials depicted hikers scaling a snowy peak with […]

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