Contract Law Masterclass 2012

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1 Contract Law Masterclass 2012 An In-Depth 2 Day Lecture and Workshop Programme for Commercial Lawyers Featuring an experienced team of lecturers this intensive conference will provide you with all the details on the latest developments London August CPD Hours

2 OUTLINE Over two days of intensive sessions you will cover a wide range of important contract law topics. You will look at topics from the rules of construction and interpretation the court will apply to contract drafting, through to recent case law on exclusion clauses. This is the ideal opportunity for all those who need to keep fully up-to-date with all the latest developments. All the speakers are specialists in this most fundamental of all commercial law topics and will lead you through an extensive range of key issues, including: The Fundamentals Revisited The Court s Approach to Construing the Contract? Drafting Consumer Contracts Repudiation Drafting the Termination Clause Arbitration Clauses Limitation of Liability 7 Need-to-Know Cases from Drafting Commercial Agreements with Competition Law in Mind B2C and E-Contracting Exclusion Clauses Exploiting Intellectual Property Rights - Focus on IP Contract Terms Pre-emptive Remedies Contract Negotiation. This is one of CLT s most popular and highly regarded events, so book early to guarantee your place. CHAIRS/SPEAKERS CHAIRS: David di Mambro practises at Radcliffe Chambers in Lincoln s Inn. His commercial practice includes commercial contracts, construction of contracts, jurisdictional and applicable law problems. He is a Chartered Arbitrator and accredited mediator. Helen Swaffield is a Barrister with 20 years experience in commercial litigation. Within her practice at, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects and advice. SPEAKERS: Michael James is a barrister at Enterprise Chambers. His practice covers commercial and insolvency litigation, with an emphasis on international disputes and commercial contracts. His book, Litigation with a Foreign Aspect: A Practical Guide is published by OUP. Keith Lewington spent 25 years as a partner in a national law firm. He now practices as part of an innovative virtual law firm, Excello Law Ltd, which allows him to put into practice the practical, common-sense approach to a lawyer s work which he has lectured about widely for many years. Dr Emily Peters is an Associate in the Intellectual Property department of Bird & Bird. She advises across the full spectrum of intellectual property rights including both contentious and transactional matters. She advises national and international clients across a range of industry sectors. Pat Treacy is a partner with Bristows. She has an exceptional degree of expertise in the application of competition law to intellectual property. She is a member of the Competition Law Association and is also on the editorial board for the Journal of Intellectual Property Law and Practice.

3 PROGRAMME - DAY Registration and Coffee 9.30 Chairman s Welcome and Introduction David di Mambro, Radcliffe Chambers 9.45 The Fundamentals Revisited Battle of forms Pre-contract dealings Misrepresentation- new drafting guidance New methods of offer and acceptance Legacy contracts and course of dealing Before We even Begin to Draft - What Would be the Court s Approach to Construing the Contract? Common misconceptions The canons of construction Use of recitals or protocols The use of extrinsic evidence Contracts partly oral and partly in writing David di Mambro, Radcliffe Chambers Coffee Drafting Consumer Contracts The UTCC Regulations OFT guidance Examples of faulty drafting Plain English - the pitfalls Standard form legal wording Drafting for the web Keith Lewington, Excello Law Repudiation Workshop (Four case problems will be addressed in the workshop) What amounts to repudiation in practice? Erroneous interpretation of right to rescind and repudiation: the dividing line Anticipatory repudiation Where futile to give notice Tactical considerations David di Mambro, Radcliffe Chambers 1.00 Lunch 2.00 Let Me Out - Drafting the Termination Clause The right to repudiate What is material breach? What is persistent breach? Defining the breach Defining the consequences Other remedies Keith Lewington, Excello Law 2.50 Arbitration Clauses Considerations when drafting Arbitration clauses - Which seat - Institutional or ad-hoc arbitration - Number of arbitrators - So you have a dispute: what do you do? - Procedure at arbitration - Enforcement of arbitral awards David di Mambro Radcliffe Chambers 3.40 Tea 3.55 Limitation of Liability Workshop Delegates will be given draft exclusion clauses to review and comment upon. B2B reasonableness UCTA guidance New cases on limiting direct loss 4.40 Questions and Answer Session 5.00 End of Day 1 For further information visit or telephone our bookings team on:

4 PROGRAMME - DAY Registration and Coffee 9.30 Chair s Welcome and Introduction Need-to-Know Cases from This session provides a contract update focusing on the main developments: Formation and e-contracting Boilerplates Exclusion and limitation Jurisdiction Expert determination Misrepresentation Material breach and loss Drafting Commercial Agreements with Competition Law in Mind Minimising competition law risks, maximising legal certainty Identifying restrictive terms Flashpoints: price, exclusivity, territory / customer restrictions Non-compete clauses Post-termination issues Different contract types = different analysis? Pat Treacy, Bristows Coffee B2C and E-Contracting The Unfair Terms in Consumer Contracts Regulations 1999 The E Commerce Regulations Distance Selling Misleading Marketing Regulations Enhanced B2C protections B2B e-contracting guidance Exclusion Clauses Incorporating standard terms The battle of the forms - Tekdata and Trebor Bassett v ADT Wording of exclusion clauses Unfair contract terms - the 1977 Act and the 1999 EU Regulations Reasonable exclusions - recent cases Excluding liability in international cases - UCTA and Rome I Michael James, Enterprise Chambers 1.00 Lunch 2.00 Exploiting Intellectual Property Rights - Focus on IP Contract Terms Overview of the differences and difficulties arising in IP contracts A Detailed Review of the case law considering contracts exploiting intellectual property including: - Copyright ownership issues - Slater v Wimmer - Trade mark assignments and licences - Schutz v Werit and Chalk v OHIM - IP contracts and the impact of the digital age Dr Emily Peters, Bird & Bird 2.50 Pre-emptive Remedies Effective forum shopping - the Italian torpedo Challenging jurisdiction - how far has Ferrexpo (2012) limited Owusu? Worldwide freezing orders - the JSC BTA Bank cases Interim relief and foreign proceedings Anti-suit injunctions after West Tankers CPR Part 25 II - security for costs against a foreign claimant Michael James, Enterprise Chambers 3.40 Tea 3.55 Contract Negotiation Workshop Delegates will be provided with a frame agreement to negotiate covering both the technical and skills elements - Implementation of a frame agreement - Flow down of liabilities - Designing flexibility - Identifying the negotiation style 4.45 Chair s Concluding Remarks 5.00 Conference Close

5 BOOKING FORM Please return your completed registration form to: The Registrar, Central Law Training Ltd, Wrens Court, Victoria Road, Sutton Coldfield, Birmingham B72 1SX DX: Sutton Coldfield. Book via our website For further details of CLT Membership Schemes please contact the Membership Team on Tel: Fax: Contract Law Masterclass August 2012, London Title: First Name: Surname: Please photocopy for additional delegates Employer s Name: Employer s Address: Postcode: DX No: Delegate s Employer s Website Address: Employer s Tel: Employer s Fax: Special Requirements: Signed: Fees I enclose a cheque made payable to CLT for (Including VAT). Please tick: Two Day fee: VAT CLT Members One Day fee: VAT Non Members VAT CLT Members VAT Non Members Date: Conference Documentation If you are unable to attend the conference but would like to order the documentation please tick here and fill in the form above. For overseas orders please add 10 for postage and packaging. Day 1-22 August 2012 ( 95) Day 2-23 August 2012 ( 95) 22 August August 2012 The fee includes refreshments, lunch, administration and documentation. Day 1 & 2-22 & 23 August 2012 ( 190) Terms and Conditions 1. Confirmation of your booking will be sent by or post within 2 days of receipt. A VAT invoice will be raised at the point of booking and sent to your accounts department directly Conference Documentation is distributed at the time of the event. 2. Central Law Training Ltd reserves the right to vary or cancel a conference where the occasion necessitates. CLT accept no liability if, for whatever reason, the conference does not take place. 3. Prices may be subject to change. 4. Full invoice payable within 30 days of date of invoice unless:- a) Cancellation: provided written notice is received at least 10 working days before the event, the fee will be credited less a 15 (+ VAT) for CLT members or 25 (+ VAT) for non members administration charge. b) Transfer: in the event of a transfer to another date or event, an administration charge of 25 (+ VAT) will be levied. This cannot be done after the date of the conference. c) Credits may be used for other products or services and refunds available on request. Unused credits may be used up to a period of 12 months. 5. This booking form constitutes a legally binding contract. The delegate and employer are jointly and severally liable for payment of all the fees due to CLT. To the extent permitted by law, neither Central Law Training Limited nor its presenters will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss occasioned to any person acting, omitting to act or refraining from acting in reliance upon the conference material or presentation of the conference or, except to the extent that any such loss does not exceed the price of the conference, arising from or connected with any error or omission in the conference material or presentation of the conference. Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses. 6. Continuing Professional Development and Continuing Professional Education. Hours or points may be claimed as indicated from the following professional bodies: The Solicitors Regulation Authority, Bar Standards Board, ILEX, ICSA, CIOT, IPA, RICS, ICAEW, CIMA, CIPFA, CLC, ACCA and STEP. 7. Data Protection: Central Law Training may periodically contact you with details of programmes and services that may be of interest to you and may pass your details to other companies within the CLT Group and selected clients. Please write to the Client Services Team if you do not wish to be included in this activity. CF97218SP

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