Winning the moot points:The Writs Stuff

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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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Reform yes, but whose reform?

Last summer the Law Society Council fielded its second most attractive presidential candidate to attempt to keep things nice and clubbish. What is described as a “caucus” to support Mr Hodge is in reality an unelected opposition to the elected president. The Lawyer last week reports Mr Hodge as asserting that the president is unrepresentative […]

Time is ripe for constructive debate

I look forward to discussing the timetabled programme for the review of the Law Society’s attitude and organisation, requested by the council in September; to hearing who has been elected to the working party which will review the society’s activities, as approved by the council in September; most of all, to finding out if the […]

Mixed results in court campaigns

COURTS campaigners received good and bad news this week. Lawyers in Rugby managed to save their threatened local County Court, but colleagues in York suffered rescheduled criminal hearings because of the lack of Crown Court judges. Rugby lawyers are celebrating after winning a reprieve over Court Service Agency (CSA) plans to shut the County Court […]

Nick Rose thinks the Trade Marks Act 1994 is unclear. BYLN:

Nick Rose is a partner in the IP/IT department at Field Fisher Waterhouse. The recent decision in the Wagamama v City Centre Restaurants case (unreported) has highlighted the difficulties IP litigators face in predicting how the courts will interpret parts of the Trade Marks Act 1994 which came into force on 1 October 1994. Section […]

The university challenge

Nottingham Trent can be justifiably proud of being the only institution in the country to have been graded ‘excellent’ by the Law Society for its Legal Practice Course.The fact that its law department only received a ‘satisfactory’ rating from the Higher Education Funding Council has led some to complain that the whole assessment process is […]

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