Contract and Common Law Programs
January - December 2020

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COMMERCIAL CONTRACT DISPUTES – Causes of Action & Remedies

1 day (09.30 -17.00) | £500.00 (inc VAT) | Dates & venues:

Speaker; Graeme Wood. Biography HERE

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies | 6 CPD Points

Overview
This interactive program provides a comprehensive and completely updated review of the remedies available in English law for breach of a commercial Agreement. Many international Agreements contain express choice of law clauses in favour of English law so that the remedies for breach have a wider application than to purely domestic Agreements. Supported by numerous case studies based on actual litigation before the courts, the program will discuss and explore many of the key contemporary issues in remedies litigation.

Example areas covered during the program

• Breach of contract causing lost business opportunities
• Proportionate damages for breach of contract?
• The remedial options – which do I pursue and which do I disregard?
• Compensatory damages – applicable principles
• ‘Negotiating damages’ as a remedy for breach of contract
• Agreeing the remedies in advance – is it a good idea?
• The latest rules on contractual penalties
• Equitable remedies for breach of contract?
• Remoteness of loss and assumption of responsibility
• Recovering the contract price after repudiation
• Is contributory negligence ever relevant to a damages claim?
• Discussion of recent case-law including Giedo Van der Garde v Force India Formula; Wellesley Partners v Withers; One Step (support) Limited v Morris-Garner

BOOK Commercial Contract Disputes on Eventbrite click HERE

AGREEING CONTRACT REMEDIES – Getting It Right

1/2 day (09.30 -13.00) | £300.00 (inc VAT) | Dates & venues:

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies | 3 CPD Points

Overview
This interactive program provides a comprehensive and completely updated review of the law and practice of agreed remedies provisions in English law. An agreed remedies provision is a potentially effective litigation avoidance tool and carries many advantages with it. If the provision strays into the territory of a contractual penalty various consequences will follow. Supported by numerous case studies based on actual litigation before the courts, the program will discuss, analyse and examine many of the key contemporary issues regarding agreed remedies and penalties. The rules on forfeiture of deposits will also be considered.

Example areas covered during the program

• Overview of agreed remedies provisions-advance payments, deposits, part-payments, action for an agreed sum
• Strategies for use and drafting of agreed remedies provisions
• Liquidated damages clauses why use them?
• Claiming liquidated and general damages-is it permitted?
• Defending claims on a liquidated damages clause
• Clauses analagous to a liquidated damages clause
• Distinguishing secondary potentially penal obligations from enforceable primary obligations
• The operation of the rule against penalties & how to guard against a clause being struck down as penal
• Consequences of a  clause being deemed penal
• Significance of clauses between parties of equal bargaining power
• Discussion of key recent rulings

LIABILITY FOR NEGLIGENT STATEMENTS & SERVICES – Key Law & Practice For Bringing & Defending Claims

1 day (09.30 -17.00) | £500.00 (inc VAT) | Dates & venues:

Speaker; Graeme Wood. Biography HERE

Fully updated for 2019 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies | 6 CPD Points

Overview
This is a complex and voluminous area of the law. Practitioners advising those who have suffered financial loss as a result of negligent advice or services or who are defending claims of this nature will benefit from a clear and comprehensive overview of the current state of the law in this area. The program will explore in a forensic and analytical manner 6 key areas: Negligent statements made during the pre-contract stage; Negligent statements and service in the course of contractual performance; Negligent statements and services under a contract which cause loss to a non-party; Negligent statements and services causing loss unrelated to a contract; Excluding liability for negligent statements and services; Jurisdiction in international negligent misstatement and negligent service cases.

Example areas covered during the program

• The Hedley Byrne principle of reliance–its scope and effect
• The role of assumption of responsibility in creating liability
• Liability in financial investment cases
• Liability in respect of the provision of professional services–surveyors, solicitors and others providing certification and valuation services
• Liability for negligently formulated references
• The modern test in novel cases
• Statutory regulation of negligent statements–The Misrepresentation Act 1967
• Analysis of recent decisions

BOOK Negligent Statements & Services on Eventbrite click HERE

COMMERCIAL CONTRACT NEGOTIATIONS– How To Reduce Risk Exposure

1/2 day (09.30 -13.00) | £300.00 (inc VAT) | Dates & venues:

Speaker; Graeme Wood. Biography HERE

Fully updated for 2019 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies | 3 CPD Points

Overview
Negotiation is a key stage in any commercial contract scenario. Negotiation may involve much time and expense aimed at securing an enforceable Agreement. All contract negotiations import an element of risk in the outcome or the terms achieved. This program will examine what the principal risks in commercial contract negotiations are and how to avoid them. A number of practical case studies will be explored in order to discuss and analyse the various risks and how the negotiator may best deal with these. This program will provide essential and up to date knowledge on all aspects of the law relating to the pre-contract phase and invaluable sources for those representing parties in such negotiations or advising on potential remedies when commercial negotiations breakdown.

Example areas covered during the program

• The duties owed by those involved in pre-contractual negotiations
• The approach of the English courts to good faith obligations
• Express good faith agreements
• Pre-contractual negotiations and liability arising in equity and unjust enrichment
• Breaking off commercial negotiations – potential liabilities
• Tortious liability arising from pre-contractual negotiations
• Monies expended on failed negotiations–are they recoverable?
• Protecting risk at the pre-contractual stage (what tools are available)?
• Best and reasonable endeavours provisions–value and limitation

BOOK Commercial Contract Negotiations on Eventbrite click HERE

THE LIABILITIES OF LEGAL PROFESSIONALS - Contractual, Fiduciary & Third Party Duties & Chinese Walls

1/2 day (09.30-13.00) | £300.00 (Inc VAT) | Dates & venues: TBA

Fully updated for 2019 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies | 3 CPD Points

Overview
This program provides essential information for solicitors and their firms on potential liability outside the retainer agreement, their fiduciary duties and confidentiality duties to the client and how to deal with applications by former clients to injunct them from acting for a new client on matters averse to the interests of the former client. The approach adopted by the Courts to Chinese Wall structures and the steps needed to ensure compliance will be comprehensively examined.

Example areas covered during the program

• The current state of the law with respect to a solicitor’s duties to third parties
• The three dimensions to a solicitor’s duty to 3^rd parties
• When a solicitor will be deemed to have assumed responsibility to a party outside of the retainer agreement
• The current reach of the rule in White v Jones
• Excluding potential liability to a third party
• The scope of a solicitor’s fiduciary duties owed to his client and third parties
• The nature and scope of a solicitor’s duties of confidentiality – what can he disclose and to whom?
• Issues arising from conflicting fiduciary and confidentiality duties owed to multiple principals
• What is a Chinese wall and when will it be needed?
• What are the components of a compliant Chinese Wall?
• The relevance and application of the Bolkiah principle
• Discussion of recent case law including Georgian American Alloys Inc v White & Case [2014] EWHC 94

THIRD PARTY RIGHTS IN COMMERCIAL CONTRACTS – Getting To Grips With The 1999 Act & The Common Law

1/2 day (09.30-13.00) | £300.00 (Inc VAT) | Dates & venues:

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies | 3 CPD Points

Overview
The Contracts (Rights of Third Parties) Act 1999 has been described as a milestone in English law. The rights of third parties to sue on a contract remains a key part of contractual and commercial law litigation, with issues of third party rights frequently coming before the courts. This program will provide a comprehensive update of the workings of the Act and the current state of third party rights in general. The situations in which third party rights exist independently of the 1999 Act will be exhaustively examined.

Example areas covered during the program

• Establishing who are the parties to a commercial Agreement
• Meaning and scope of the privity rule
• Common law inroads; liability under White v Jones
• Liability outside of contract based on assumption of responsibility
• Common law limits on liability to third parties outside of contract
• Contracts made for the benefit of third parties
• Using equitable mechanisms to overcome problems caused by lack of privity
• Overview of the structure of the 1999 Act and its main provisions
• In what circumstances may third party rights under the 1999 Act be excluded or varied?
• Types of specialist contract that are excluded from the 1999 Act
• Issues of assent and reliance by a third party
• Defences available to the promisor in an action brought by a third party
• Double liability issues
• Third party rights dealt with under other statutes
• Discussion of recent case law including Hurley Palmer Flatt Ltd v Barclays Bank plc; Fortress Value Recovery v Blue Skype Special Opportunities Fund; Starlight Shipping v Allianz Marine.

EMPLOYER LIABILITY CLAIMS - Essential Practical Guidance 

1/2 day (09.30 -13.00) | £300.00 (Inc VAT) | Dates & venues:

Fully dated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies |

Overview
Recent litigation before the appellate courts has seen significant developments in the law relating to employer’s liability for the acts of employees and others causing loss to third parties. This subject is one that in recent years has led to a substantial amount of litigation (arising for example from historical sexual abuse litigation) and attracted the interest of the Appellate courts. The issue has been before the Supreme Court recently in Various Claimants v Wm Morrison Supermarkets (2020), Various Cloaimants v Barclays Bank (2020) Cox v Ministry of Justice, Mohamud v WM Morrison Supermarkets plc, The Catholic Child Welfare Society and others (Appellants) v Various Claimants (FC) and The Institute of the Brothers of the Christian Schools and others (Respondents). This is a complex area of law that is laden with pitfalls for the unsuspecting employer. For those advising employers as to their potential liability to third parties knowledge of the current law and practice in this area is essential. This workshop provides essential information and guidance for those involved in advising and representing employers in their dealings with employees and third parties. The seminar will include analysis of a number of highly realistic case studies to illustrate the application of the law in a practical litigation context and to discuss best strategies.

Example areas covered during the program;

• The nature and characteristics of vicarious liability – to what extent is fault relevant?
• Distinguishing between acts of employees and others engaged to perform services on behalf of the employer
• The application of tests to determine the existence of an employment relationship; the so called ‘multiple factor’ approach
• Specific relationships – the issue of ‘borrowed employees’
• Liability for the acts of non employees
• What is the ambit of ‘course of employment’?
• The characteristics and effect of the 'close connection' test; a review of leading decisions
• Liability for the acts of a criminal employee causing loss to third parties
• Drafting the contract of employment to protect the employer – express prohibitions on specified types of conduct – are they effective to protect the employer?