Drafting and Understanding Boilerplate Clauses

Date	6 Oct 2010
Venue	Grange White Hall Hotel · Please contact us for help with booking accommodation
Price	EUR 799.00 / GBP 649.00 (+VAT @ 17.50)% Members of our Training Partnership scheme pay EUR 399.00 / GBP 325.00 (+VAT @ 17.50%)
Get	Course Brochure [403kb]
Book	Book now online or learn about other ways of booking

Date	2 Dec 2010
Venue	Grange Langham Hotel · Please contact us for help with booking accommodation
Price	EUR 799.00 / GBP 649.00 (+VAT @ 17.50)% Members of our Training Partnership scheme pay EUR 399.00 / GBP 325.00 (+VAT @ 17.50%)
Book	Book now online or learn about other ways of booking

Date	3 Mar 2011
Venue	Venue to be confirmed. · Please contact us for help with booking accommodation
Price	EUR 799.00 / GBP 649.00 (+VAT @ 17.50)% Members of our Training Partnership scheme pay EUR 399.00 / GBP 325.00 (+VAT @ 17.50%)
Book	Book now online or learn about other ways of booking

Course overview

Boilerplate clauses may appear unglamorous when the heat is on to get the deal done, but failure to include appropriate boilerplate clauses can come back to haunt you when the deal goes sour. They are key to making the contract work and must be understood and drafted in a careful and measured way to ensure the basic and contractual issues are not overlooked.

Drafting and Understanding Boilerplate Clauses takes an in-depth look at the practical and effective use of boilerplate clauses in your commercial contract. In just one-day the programme will review the main types of boilerplate clauses that are encountered in commercial contracts, providing an explanation of when and why they are needed and best practice tips and techniques for drafting them.

What are the objectives of this workshop?

By attending this seminar you will be able to:

• Understand the key boilerplate clauses to ensure you can effectively govern the day-to-day management of their rights and obligations
• Draft watertight and effective clauses everytime
• Examine assignment, novation and trusts to ensure you are suitably protected in the case of transfer or sale of rights
• Protect against the common law position effectively by ensuring you understand the law and consequence of breach and draft effective boilerplate clauses to protect your organisation
• Draft effective ‘heading’ clauses to protect your organisation against unfair interpretation by the court in the case of a dispute
• Make clear provision for termination to ensure each party knows where they stand
• Understand the practical use and application of boilerplate clause through exercises under the guidance of the expert trainer
• Discuss any issues or disputes you are currently facing with colleagues from other organisations to gain new ideas and perspective

Who should attend?

• In house lawyers
• Solicitors in private practice
• Commercial directors and managers
• Contracts directors and managers

Practical interactive learning style

This workshop style programme has been specifically designed to offer a practical nuts and bolts, solution to your drafting challenges. Throughout the expert presenter will use a balanced mix of theory, group exercises, discussion, sample clauses and case studies to provide you with comprehensive portfolio of practical tips and techniques to drafting watertight contracts by the end of the course.

The CPD Series

Falconbury’s CPD Series provides high quality training for legal professionals from both in-house and private practice. The focus of the events is to provide comprehensive and practical legal updates and current international legal thinking and practice in a clear and informative format.

Programme

Introduction to boilerplate Contractual capacity: parties, rights and interests, and transfers Contractual capacity Legal entity Joint and several liability Third party rights Privity of contract and third parties Transferring rights Assignment Novation Typical standard boilerplate We shall discuss the purpose and effect of some typical clauses, and consider examples. Interpretation Recitals, headings and schedules Gender, singular and plural References to legislation Time expressions Interpreting the meaning Notices Purpose Methods Content Waiver Purpose Effect Severability Purpose Effect Force majeure What is force majeure? Purpose Effect Content ‘Entire Agreement’, confidentiality, charges and payment We shall discuss the purpose and effect of ‘entireagreement’, confidentiality and charges and payments clauses, and consider examples. ‘Entire Agreement’ Purpose Effect Content Confidentiality What is confidential information? Purpose Effect Content Charges and payments Purpose Content Expenses, VAT Interest payments Rates of interest and penalties Passing risk and title Duration and termination; governing law and jurisdiction; dispute resolution Duration/Term Termination Governing law Jurisdiction Dispute resolution Bringing it all together Final Questions

The expert presenter

RACHEL BURNETT is a Solicitor with her own legal firm. Her career combines law together with technical and business experience within the IT industry. Originally an IT professional after graduating from Exeter University, she worked for large corporate organisations in system development and project management. She qualified as a solicitor, and joined one of the first niche IT law practices. Following several years as a partner in City of London law firms, she now runs her own legal firm, acting for commercial clients. Her clients have always included start-ups and mid-range companies. Rachel is an experienced presenter both in the UK and abroad, delivering seminars and workshops on the practical management in business of law and intellectual property, contracts and compliance. She is author of Thorogood Professional Insights Reports IT Contracts and Commercial Contracts, She writes on IT law for journals and professional publications, including as a regular columnist for the IMIS Journal and BCS IT Now. Rachel has been awarded an Honorary Doctorate in Technology from Southampton Solent University, and works with the Open University Law Programme as an associate lecturer. Rachel was President of the British Computer Society 2007-2008. She is a Livery member of the City of London Information Technologists’ Company

Past delegates’ comments

Some of the comments received by participants on this course:

“Engaging and good pace, making the seminar enjoyable and maintained interest”

Catherine Luu, Cartus Ltd

“I appreciated that the course was run by a professional support lawyer who had lots of relevant experience”

Juliette Smith, Vanco UK Ltd

“An excellent, fluent presenter with mastery of his subject. Mark made interesting a potentially dull subject”

Paul Kearns, Arcelormittal France

“Very good – practical useful tips which will make sense back at my desk”

Sally-Ann James, Co-operative Financial Services

“Excellent presentation given by a competent speaker”

Sally-Anne Leppington, Callcredit

“A comprehensive look at boilerplate clauses and consequences of using them in agreements that I will refer to in my future review of contracts”

Carol Hughes, Natural Environment Research Council

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Client portfolio

Our client portfolio for this course includes the following companies:

AES Electrical Ltd	European Organisation for Nuclear Research (CERN)	Novartis Pharma AG
AGCO Ltd	FCE Bank plc	PD Group Management
British Library	Gallaher Ltd	Polpharma S A
Burgess Ltd	Global Marine Systems Ltd	Premier UK
CFS Ltd	Guardian Holdings Ltd	Privatization Agency of the Republic of Serbia
Callcredit	Holt Lloyd International	Resolute Management Services Ltd
Champneys Henlow	JD Weatherspoon	SPA Papadimitriou & Co Lawyers
Charlton House Catering Services Ltd	JNT Association (trading as JANET (UK))	Saipem Services
Cobelfret Coordinatiecentrum NV	Jimmy Choo	Science Photo Library
Danske Bank AS	Koninklijke DSM NV	Skanska UK Plc
Diageo Plc	London City Airport Ltd	TBI Holdings BV
EMX Company Ltd	Maclay Murray & Spens	Talk Talk Direct Ltd
EYGS LLP (Ernst & Young Global)	Matthew Arnold & Baldwin	Taqa Energie BV
Elite Litigation Services	Metronet Rail	The British Library
Emirates Group	Ministry of Attorney General	UCB SA
Entec UK Ltd	Natixis Commodity Markets Ltd	Visa Europe
Enterprise Office	Natural Environment Research Council	Whessoe Oil & Gas Ltd

Falconbury can deliver Drafting and Understanding Boilerplate Clauses for you as an In-House training programme for your whole legal or contracts department.

More and more organisations choose the In-House training option where they can specifically focus on Their Contracts terms and conditions and can tailor the course to their exact needs. In today’s competitive and risk sensitive market the legal and commercial teams with the greater understanding of clear and concise drafting techniques will almost certainly come out winners.

For more information call Caroline Glen on +44 (0)20 7729 6677 or visit our contact page and we will get back to you immediately.

Continuing professional development

Solicitors Regulation Authority

This course is accredited for 6.00 CPD hours (CPD reference CSC/FALI).

General Council of the Bar

This course is accredited for 6.00 CPD hours.