Contract and Commercial Law Update

Course overview

Keeping up-to-date with developments and trends in contract law is essential for all lawyers and those involved in commercial contracting to ensure that they do not expose their organisation or clients to unnecessary risk. However, it is often difficult to schedule the time out of the office in order to maintain their knowledge in this key area.

This concise and practical one-day seminar has been specifically designed to offer both in-house and private practice lawyers up-to-the minute and practical advice on latest developments in contract law in just one intensive and practical day.

In just one day, this unique programme covers the most important areas of contract law. Our panel of speakers are all experts in their fields, with extensive practical experience within the key areas covered in the seminar and will be available to answer your questions throughout the day.

What are the benefits of attending this seminar?

Attend our one-day intensive programme on Contract and Commercial Law Update to:

• Master the effective drafting and negotiating of IT contract
• Understand the implications of new contract law for your organisation
• Deal successfully with damages to avoid unnecessary costly disputes
• Apply best practice to draft valid guarantees indemnities
• Effectively exclude and limit contractual liabilities for your organisation
• Gain tips and techniques to successfully resolve commercial disputes
• Become familiar with new developments in intellectual property rights.

Who should attend?

• In-house lawyers working
• Private practice lawyers
• Commercial and contract directors and managers who need to keep abreast of legal developments

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

Chair introduction and developments in contract law

• Pre-contract agreements
• Offer and acceptance
• Duty of care
• Best and reasonable endeavours
• Jurisdiction

Drafting guarantees and indemnities

• The difference between guarantees and indemnities
• Ensuring the guarantee remains valid
• Indemnities: safeguards and limits
• Insurance considerations
• Recent case law

Dealing with damages, consequential loss and liquidated damages

• Damages for breach of contract
• Types of damage
• Consequential losses and expenses
• Liquidated damages and penalties defined
• Recent case law

Electronic contracting – current issues

• E-commerce and distance selling directives
• Privacy and electronic communications and data protection
• Data retention and service provider obligation
• Electronic auctions

Developments in intellectual property

• Description of licensed property
• Payment of royalties
• Termination of rights
• Waiver of rights

The enforcement of EU and UK competition law

• Leniency applications
• Applying the group exemptions to commercial contracts
• Preparing a competition law assessment memorandum
• Developing a compliance program

Excluding and limiting contractual liabilities

• Liabilities for personal injury or death
• Liability for late delivery, performance and similar
• How to limit the maximum aggregate claim
• Recent case law

Commercial disputes – current trends and recent development

• Litigation trends
• Developments in commercial arbitration
• The use of ADR in commercial disputes

The expert faculty

Chair

Arun Singh OBE is an international lawyer at Grundberg Mocatta and Rakison LLP he was formerly a partner and Head of Commercial Law at KPMGLegal. Arun is cited and ranked in Chambers Guide of the World’s Leading Lawyers. He concentrates on international investment, joint ventures, licensing of technology, research and development, M&A, energy, outsourcing and corporate governance in developed and emerging markets (including and the Middle East), and also handles international legal risk management matters. He advises a range of international organisations.

Speakers

Michael Giddins is Managing Partner of the large regional and London based firm Lester Aldridge LLP. He specialises in commercial litigation and prior to becoming Managing Partner headed up the firm’s dispute resolution, IP, insurance and mediation team. Chambers and Partners recognise “the ‘absolutely top-notch’ Michael Giddins” as one of the leading lawyers in the south. Michael continues to act for a number of large companies including banks and insurers both in the UK and Europe, sits as a part-time judge, and regularly lectures on contract law. Michael is also a qualified CEDR mediator.

Julian Maitland-Walker has been in practice since 1974 as a corporate and commercial lawyer specialising in the field of European and competition law. He has practised in London, Brussels and in the provinces and has broad experience of all aspects of company and commercial law. He is a member of the Management Committee for the Centre for European Legal Studies at Exeter University and has been the Editor of the European Competition Law Review since it was established in 1980. Julian is recognised as a leading practitioner by the Legal 500 Directory 2004/5 Edition. His publications include International Anti-trust Law (ESC Publishing), EC Insurance Directives (Lloyds of London Press), EC Banking Directives (Lloyds of London Press), A Guide to European Company Laws (Second Edition) (Sweet & Maxwell), The Competition Laws of Europe (Butterworths) (Second Edition).

Jennifer Pierce is a partner in the London office of Charles Russell LLP where she specialises in intellectual property and related competition law. Her practice focuses on technology for clients in fields ranging from IT and telecoms to chemicals and bio-industry, usually on an international basis. She is the co-editor and a major contributor to Working with Technology: Law and Practice, published by Sweet & Maxwell and is a contributor to The Trade Mark Handbook of the Institute of Trade Mark Attorneys. Jenny is a member of the Council of the Licensing Executives’ Society and is the Co-chair of its Healthcare Group.

Dr Ian Walden is Professor of Information and Communications Law and head of the Institute of Computer and Communications Law in the Centre for Commercial Law Studies, Queen Mary, University of London. Ian has been involved in law reform projects for the World Bank, the European Commission, UNCTAD, UNECE and the European Bank of Reconstruction and Development, as well as for a number of individual states. In 1995-96, Ian was seconded to the European Commission, as a national expert in electronic commerce law. Ian has held visiting positions at the Universities of Texas and Melbourne. Ian is a solicitor and is Of Counsel to the global law firm Baker & McKenzie and is a Trustee and Vice-Chair of the Internet Watch Foundation.

Richard Williams is a Partner at Pinsent Masons in London. He has experience in advising on all aspects of corporate insolvency law in connection with receiverships, liquidations and administrations. Richard has acted for insolvency practitioners, banks, commercial clients, directors and creditors. His expertise is primarily in dealing with contentious aspects of insolvency law including investigations and asset recovery. Richard is also experienced in handling a wide variety of commercial issues. He has particular expertise on bonds and guarantees and frequently advises on risk exposure issues in relation to major projects.

Stephen York is a partner in the Litigation Department of Reedsmith. He is an English solicitor, Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, and a board member of CEDR (Centre for Effective Dispute Resolution) based in London. Stephen has been granted Higher Rights of Audience so that he can appear as advocate in all civil courts in England and Wales. He acts as counsel, representing clients before tribunals and in settlement processes, helping to design and execute efficient strategies for resolving substantial international commercial disputes. Stephen is also qualified as a solicitor in Hong Kong, having practiced there and throughout Asia since 1984.

Past delegates’ comments

‘Speakers were excellent as were the course notes and presentation’

Paul Bain, Contracts Coordinator, Petrofac Training Ltd

‘Excellent, enjoyable, useful and will be referred to ALOT

Jacqui Kennedy, Group Commercial Manager, Grant Rail Ltd

‘Very good, broad in scope, varied and applicable’

Shane Knight, Paralegal, Cormac T Cawley & Co

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Client portfolio

Our client portfolio for this course includes the following companies:

A&L Goodbody Solicitors	Gerald Eve	PepsiCo International Ltd
Accor Services	Grant Rail Ltd	Philip Morris International
Ampy Metering Ltd	Greater London Authority	Rolls-Royce
Arm Ltd	Health Protection Agency	Samuel Olu Alabi
BBC	Impress Services SAS	Serena Software Europe Ltd
BUPA	Institute of Cancer Research	Shazam Entertainment Ltd
British Sky Broadcasting Ltd	JPMorgan Chase	Sun Life Financial of Canada
CEH	James Fisher & Sons plc	Sungard Public Sector Ltd
Cardiff University	Kingfisher plc	Telewest Ltd
Clearstream International SA	Leonard Cheshire Disability	The Premier League
Conoco Phillips (UK) Ltd	Mayne Pharma Plc	The Walt Disney Company Ltd
DLA Piper UK LLP	McKesson Information Solutions (UK) Ltd	Tioxide Europe Ltd
Dell Computer Corporation Ltd	Napp Pharmaceutical Holdings Ltd	Total E&P UK Ltd
Diageo Plc	Norwich Union Healthcare	Treasury Solicitor
ELDER ABUSE	Office of Gas & Electricity Markets	Vinci Environnement
Eckoh UK Ltd	P&G	Vodafone Group Services Ltd
Focus (DIY) Ltd	PD Teesport	Wood Group Management Services Ltd

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.