Other Programs

STRESSED OUT - Litigating stress & mental injury claims

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studi

Overview
Personal injury lawyers report a significant increase in the number of claims they handle which involve issues of mental injury or stress as the main cause of action. This program will discuss key areas of the subject for those advising claimants or defendants in such claims. This workshop provides essential and updated information as to current law and practice in this increasingly important area of personal injury litigation. Various practical case studies will provide the basis to explore key issues including;

Example areas covered during the workshop

  • Claiming for psychiatric injury resulting from breach of contract – what are the current rules? Consideration of recent authorities such as Miller v Carnival plc; Yearworth v North Bristol NHS Trust
  • The current status of the Addis doctrine in English law
  • International conventions and psychiatric harm including the Montreal and Warsaw Conventions
  • Mental injury claims in tort and statutory claims including the Protection from Harassment Act 1997- analysis of the advantages and disadvantages of claims at common law and under statute
  • Psychiatric harm as a stand-alone claim – what are the qualifying conditions?
  • Effect of the Rehabilitation code 2007
  • Analysis of the primary/secondary victim dichotomy – what does it mean?
  • Which type of claimant can qualify as a primary victim and what are the advantages of this classification
  • What are the obstacles to a secondary victim claim and how to deal with them
  • How immediate must the ‘immediate aftermath’ be?
  • Psychiatric harm arising from damage to property
  • Stress claims arising from employment
  • Advising employers on best practice to avoid employment stress claims
  • Key issues arising in litigation in this area

 

SETTLEMENT OF COMMERCIAL DISPUTES - The art & science of compromise

1/2 day | £300.00 + VAT | Dates & venues: TBA
Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
The skilful practitioner who can accurately gauge the strength of his own case and that of his opponent will often be able to save his client great trouble and expense by a judicious and timely compromise. A sound settlement avoids the anxiety, risk uncertainty and expenditure of time which is inherent in almost any contested litigation. However, there are many technical aspects in making a sound compromise Agreement, for example making sure all matters are covered and that the Agreement may be enforced in the event of default and to ensure that the Agreement cannot later be opened up if one party claims they have been misled on a particular matter. This program explores the law and practice of compromise Agreements and how best to protect the interests of a client when parties agree to settle their dispute.

Example areas covered during the program

  • The essential ingredients of valid compromise Agreement
  • Terms of a compromise Agreement and dealing with post-settlement construction issues
  • The machinery for effecting a compromise
  • Tomlin orders – avoiding the pitfalls
  • The effects of a compromise Agreement
  • What if the terms of the compromise are breached?
  • Is it possible to impeach a compromise Agreement?
  • Entering the Agreement under an assumed state of affairs – remedies
  • Duties of disclosure when negotiating a compromise
  • Without prejudice negotiations and compromises
  • The liabilities of legal advisers arising from compromise Agreements

 

RECOVERING INTENTIONALLY CAUSED FINANCIAL LOSS - Comprehensive analysis & update

1/2 day | £300.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
Whilst contract and negligence are considered the usual route to a remedy for financial loss, English law provides various causes of action where it is alleged the financial loss has been caused intentionally. This program will aim to provide a comprehensive and up to date review of the law and practice on claims for intentionally inflicted economic loss by means of the ‘economic torts’. The session will consider important areas of law and practice in which financial losses incurred by a client cannot be recovered by an action in contract or negligence. Various case studies will consider the key issues and controversies in this area of litigation.

Example areas covered during the program

  • What are the economic torts and what is their role in modern commercial litigation?
  • Examination of the specific economic torts
  • Inducing breach of contract – ingredients and the defences
  • Interference with trade and business interests – unlawful means tort 
  • What are ‘unlawful means’(analysis of recent cases)?
  • Relationship between the different torts
  • Conspiracy and the distinction between unlawful and lawful means conspiracy
  • The individual torts of malicious falsehood and passing off

 

PROTECTING COMMERCIAL REPUTATION - Law and Practice

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
In a highly competitive global marketplace the integrity and standing of a business is an increasingly important and valued commercial asset. This prgram will consider and analyse how legal strategies may be used to protect commercial reputation. Case studies based on actual litigation examples will be referred to.

Example areas covered during the program

  • Protecting reputation in a breach of contract claim – is it possible?
  • Claiming for financial loss caused by damage to reputation
  • The different categories of recovery for damage to reputation in contract
  • The effect of Malik v BCCI International
  • The current status of the principle in Addis v Grampahone Co
  • Protection of business reputation outside of contract – defamation , infringement of intellectual property rights ; Fage UK Lyd v Chobani UK Ltd
  • Claiming for reputational loss as part of a claim in negligence
  • Reputational loss claims in economic tort claims
  • Remedies and assessing damages in loss of reputation cases; Cruddas v Calvert ; Mama Group v Sinclair; Euromoney Educational Investor plc v Aviation News Ltd
  • Loss of reputation in employment cases: Johnson v Unisys ; Edwards v Chesterfield Royal Hospital NHS Trus
  • The current position on ‘stigma’ damages; Ur-Rehman v Ahmad
  • Breach of confidence as a means of protecting commercial reputation

 

NUISANCE & ENVIRONMENTAL CLAIMS - What you need to know

½ day | £300.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
In an increasingly environmentally conscious legal climate the law of nuisance continues to have a major profile in the sphere of common law claims and has recently been considered by the Supreme Court. Based on realistic case scenarios this session will explore the key issues and principles engaged by an action in nuisance. The program is thoroughly updated to include the most recent case law.

Example areas covered during the program

  • What type of interests the law of nuisance protects and those that it does not
  • The relevance of planning consent in nuisance litigation Coventry v Lawrence (2013)
  • The relevance of fault and foreseeability in establishing a nuisance
  • The scope and ambit of the tort of private nuisance; the significance of Hunter v Canary Wharf
  • Locus standi issues – who can sue and who can be sued?
  • Nuisance in relation to rights to light and water
  • The current status of the rule in Rylands v Fletcher
  • Non-delegable duties

 

CROSS BORDER LITIGATION BEFORE ENGLISH COURTS - Comprehensive overview and analysis

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This interactive program will analyse and discuss the rules that may be relevant when a dispute involving parties in different jurisdictions is before a Court in England. Key issues regarding the jurisdiction of English courts and the applicable law in international commercial litigation will be considered together with other key issues such as how and when a litigant in English proceedings may restrain foreign proceedings.

Example areas covered during the program

  • The various regimes governing jurisdiction agreements relevant when a dispute is before an English court
  • Choice of law rules applied by English courts
  • The EU and English regimes governing civil and commercial claims contrasted
  • Establishing jurisdiction in the English court
  • Challenging jurisdiction – the English and EU schemes compared
  • When English court may decline jurisdiction
  • Restraining proceedings brought outside England
  • Pre-trial remedies available from an English court
  • Enforcing judgment debts in England at common law and under the EU scheme
  • How to prove foreign law in English proceedings

 

INTERIM REMEDIES -Strike Out, Summary Judgment and Security for costs – Essential knowledge for the civil & commercial practitioner

½ day | £300.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and caselaw developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis pack & structured advice outlines for all case studies

Overview
This interactive program will consider 3 of the key early stage procedures in civil and commercial litigation. A well thought through Application for strike out, summary judgment or security for costs can avoid the substantial costs involved in defending a civil or commercial claim. However, the rules regarding the making of such applications need to be carefully considered if the application is to be successful. Supported by numerous realistic case studies this program will provide valuable insight into best practice for these key interim measures.

Example areas covered during the program

  • The power of a court to strike out a statement of case – Rule 3.4 and PD3A– the various grounds explored
  • Summary judgment – Part 24 – Scope and grounds for summary judgment
  • The types of proceedings in which summary judgment is available
  • The procedure for seeking summary judgment
  • Evidence required in support
  • Defending an Application of summary judgment
  • Effect of PD24
  • The Rules of seeking security for costs under Part 25 – What does the Applicant have to demonstrate?
  • Seeking security for costs against individuals and companies
  • The ‘gateway criteria’ for security for costs
  • Seeking security for costs other than against the claimant
  • When will an Application for security for costs be deemed an attempt to stifle a genuine claim?
  • The application of the Human Rights Act 1998 to Security for Costs Applications
  • Seeking security for costs against Claimants resident outside the jurisdiction
  • Orders akin to security for costs – CPR Rule 3.1 and CPR 24.6

 

COMMERCIAL & CONSUMER SALE OF GOODS AGREEMENTS - law & practice inside out

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios| Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This interactive program provides a comprehensive and completely updated review of the law and practice relating to the commercial & consumer sale of goods. The Sale of Goods Act 1979 and other instruments such as the Unfair Terms in Consumer Contracts Regulations, the session will provide an exhaustive and fully up to date examination of the workings of the Act and relevant case law.

 Example areas covered during the program

  • Overview of the Sale of Goods Act 1979 and its key provisions
  • How the Act deals with passing of property and risk in commercial transactions
  • The obligations of delivery and payment
  • The key terms that fall to be implied into commercial sale of goods contracts
  • Bulk sales and sales by sample
  • Remedies available to the commercial seller and buyer in respect of defects
  • Special issues for contracts with consumers
  • Issues relevant to electronic commerce
  • The law applicable to international sales transactions
  • Sales transaction within the EU
  • The Consumer Rights Act 2015

 

WHEN IN ROME- CROSS BORDER CONTRACT CLAIMS IN THE EU

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This program will focus upon essential knowledge for those whose practice involves advising on contractual transactions within the EU. The key EU instruments and their interpretation by the Court of Justice and the English courts will be intensively scrutinised and discussed against the backdrop of numerous true to life case studies. The session will provide key knowledge of the law and practice regulating contracts between parties, whether personal or corporate, who are based in different EU countries.

Example areas covered during the program

  • What choices of law are permitted?
  • Party autonomy over choice of law
  • Regime for choosing applicable law where no choice is made
  • Dealing with issues of public policy and mandatory law of the forum
  • The scope of the applicable law
  • Applicable law and specific contracts
  • Exclusions from the Rome I Regime
  • The General rules on jurisdiction in intra-EU contract disputes under the Brussels Regime
  • Other relevant international instruments
  • Exclusive Jurisdiction
  • Special Jurisdiction in contract disputes
  • Identifying the relevant obligation and place of performance
  • Applicable law in contracts for sale of goods and provision of services
  • Dealing with obligations to be performed in multiple EU countries
  • Jurisdiction in mixed obligation cases
  • Rules relating to Insurance. Consumer and employment contracts

 

EQUITABLE REMEDIES & CONSTRUCTIVE TRUSTS - How to use them in litigation

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive Program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
Equitable remedies and protection are key to civil and commercial litigation either as stand-alone remedies or in conjunction with common law causes of action. This program will provide a thorough analysis of the key means by which equity may afford protection to litigants and the sweep of remedies offered by equity. Numerous case studies will be used to test the principles discussed.

Example areas covered during the program

  • The means of equitable protection for litigants; fiduciary duties, unconscionable transactions and estoppel
  • Equitable remedies – rectification, rescission, specific performance, injunctions
  • Equitable remedies in money claims
  • What is a constructive trust and how does it differ from other species of trust in English law?
  • Is the intention of the parties relevant to the creation of a constructive trust? – (the ‘common intention constructive trust')
  • The distinction between ‘institutional' and ‘remedial’ constructive trusts; FHR European Ventures v Mankarious; Westdeautsche Landesbank v Girozentrale v Islington LBC
  • What is a ‘trust of a promise’ and how can it provide an alternative to breach of contract?
  • Using a constructive trust in unjust enrichment cases
  • Is a constructive trustee a trustee and why does it matter?
  • Liabilities of those who assist a breach of trust
  • Using the constructive trust in family asset dispute cases; Stack v Dowden
  • Applications under the Trusts of Land and Appointment of Trustees Act 1996
  • The charge of the fiduciary brigade – how establishing fiduciary duties may rescue a claim

 

IMPEACHING COMMERCIAL AGREEMENTS - Avoiding bad bargains & unsatisfactory outcomes

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This interactive program provides a comprehensive and completely updated review of the law and practice relating to the means by which a commercial Agreement may be impugned before a Court in England & Wales. In the absence of express provision in an Agreement providing for agreed exit exigencies, knowledge of the means by which an Agreement may be avoided are essential for the protection of commercial interests.

Example areas covered during the program

  • Using the rules on construction of contract
  • Working within government restrictions
  • What is good faith and how it may benefit your organisation
  • Misrepresentation – what is and when may it affect a concluded contract
  • Overview of the rules on mistake
  • When duties to disclose may arise
  • The doctrine of frustration and the current ambit of its application
  • Discovery of adverse facts after the contract has been signed – when can you avoid the Agreement?
  • The use of condition precedents and subsequent
  • Implied terms – when can a party rely on them and to what end?
  • Using rectification and estoppels to achieve the desired outcome

 

HOW TO INTERPRET AND CONSTRUE COMMERCIAL AGREEMENTS Latest law & practice

1/2 day | £300.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This interactive program provides a comprehensive and completely updated review of the law and practice relating to the construction of commercial Agreements in English law. Even the most carefully drafted commercial Agreement can give rise to disputes as to meaning and effect. Numerous cases are litigated every year because the parties fail to reach agreement on the meaning to be attributed to words and phrases used in a commercial agreement. This interactive session will provide key knowledge as to the approach taken by English courts to resolve disputes as to meaning.

 Example areas covered during the program

  • Overview of the principles to be applied in construing commercial Agreement
  • The modern tests of matrix and background
  • Evidence of pre-contract negotiations – are they admissible as aids to construction?
  • Reliance on without prejudice communications
  • Are witness statements as to what the parties thought they were agreeing relevant to the construction exercise?
  • The correct approach to post Agreement conduct of the parties as an aid to construction
  • The principles applied to disputes about exclusion clauses
  • The construction of Entire Agreement provisions

 

HOLIDAY & TOURISM CONTRACTS – Key law & practice for legal advisers

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This program will provide a clear and comprehensive analysis of the key rules of law and practice for those advising travel industry professionals and/or consumers. The key legal instruments and case law will be examined the context of numerous case studies.

Example areas covered during the program

  • Key contractual relationships within the travel industry
  • The regulation of package contracts – The Package Travel Regulations 2002
  • Obligations arising under the 2002 Regulations
  • Liability for non-performance under the Regulations
  • Non-regulated contracts
  • The legal status of travel agents
  • The remedies available for breach of travel & holiday contracts
  • Position on insolvency of a travel or tour operator
  • The nuts and bolts of a claim for breach of a holiday contract

 

REMEDIES & RECOVERY IN CROSS-BORDER LITIGATION – Practical analysis for the civil & commercial practitioner

1 day | £500.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This program will provide a comprehensive analysis & discussion as to the remedies available in English courts for a litigant involved in cross border litigation before a court in England & Wales. The program will consider the position in relation to interim & substantive remedies and as to the steps a litigant may take to enforce an award or judgment.

Example areas covered during the program

  • Jurisdiction of English courts to grant provisional measures in proceedings in personam
  • Provisional measure in support of foreign proceedings in EU and non-EU member states
  • Provisional measures in support of foreign arbitral proceedings
  • Preservation of foreign assets
  • Disclosure of foreign assets
  • The use of extraterritorial freezing orders
  • Enforcing foreign provisional measures
  • Preventative measures – anti suit injunctions from English courts
  • Enforcement of foreign judgments
  • The rules on recovery in cross-border litigation for contractual and non-contractual transactions
  • Enforcing judgment debts in cross-border litigation

 

MANAGING RISK IN CROSS-BORDER LITIGATION – Practical analysis for the civil & commercial practitioner

1/2 day | £300.00 + VAT | Dates & venues: TBA

Fully updated for 2017 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This program will explore the various means by which the parties to cross-border litigation may manage the risk factors inherent in any such litigation. The position involving both EU and non EU litigation will be comprehensively discussed.

Example areas covered during the program

  • Dispute resolution clauses as a means on managing litigation risk
  • The role and enforceability of jurisdiction clauses
  • Dealing with the risk of pre-emptive foreign proceedings
  • Third party risk in cross border litigation
  • Managing risk connected to the performance of an Agreement
  • Dealing with the risk of supervening changes