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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

North west recruitment crisis

ONLY one of the 200 trainee barristers applying to Liverpool-based Exchange Chambers can hope for pupillage there next year. And only one out of 250 applicants for a place at the Manchester office of Davies Arnold Cooper will get the job. The figures make alarming reading for lawyers wishing to work in the north-west. Roger […]

ESSEX

Essex is a small market, which looks north to East Anglia, rather than south to Kent or west to London for work. “I’ve never been sure whether we’re in the South East or East Anglia,” says one local lawyer and many of the firms which are important in the area have practices elsewhere. For example, […]

Costly learning curve

Cleveland County Council is seeking leave to take its judicial review action against the Local Government Commission to the Court of Appeal. By the end of the year many more local authorities in England will have tried to challenge the commission in the courts. Is this merely local authorities fighting for their own survival at […]

Justice calls for insolvency law changes

Justice, the legal campaigning group, has attacked current law for creating a “serious imbalance of power” in the insolvency system by being overwhelmingly prejudicial to small businesses and individuals. The group calls for changes including an insolvency ombudsman, more advice for small debtors, a two-tier bankruptcy system, a national insolvency strategy, a creditors’ charter, and […]

Legal-aid changes problematic

Doing away with the demand-led legal aid system would be riven with practical problems, according to Law Society President Charles Elly in a speech. He warned that the need for legal advice did not fit a predictable pattern, as concern grows that the Lord Chancellor’s imminent green paper on legal aid might seek to cap […]

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