Using realistic case studies, you will explore the key remedial issues that have been considered by the appellate courts. The interplay between different types of remedies, for example, compensatory and gains based remedies will be explored. The current status of restitutionary claims in contract will be examined as will the rules on non –pecuniary losses. Other areas that have generated substantial litigation before the courts will be considered, such as the approach the courts have taken to lost opportunity claims.
The workshop will in particular examine and provide a discussion forum for some of the key issues in modern commercial contract litigation including;
- What did the parties intend to agree? – The new approach to the interpretation of commercial contracts – Chartbrook v Persimmon Homes
- Is the claimed loss too remote? The introduction of tort principles in commercial contract claims : Transfield Shipping v Mercator (‘The Achilleas’)
- Damages for lost opportunities – When is a chance not a chance? The Vicky I
- Account of Profit claims – when are they runnable ? A-G v Blake; Vercoe v Rutland Fund Management
- Excluding and limiting liability in Multiparty Transactions – The Contracts (Rights of Third Parties) Act 1999
- Loss of Commercial reputation – will it sound in damages? Addis v Gramophone Company
- The demise of cvonsideration
- To what extent is good faith now a part of English contract law and when will lack of it amount to breach? – To what extent are the parties free to make provision for the exercise of good faith in their contract negotiations?
- The use of remedies other than damages – Liquidated damages and actions for an agreed price
- Litigating cross-border contract claims – the effect and implications for English contract lawyers of the Rome I regulation on Contractual Obligations in Europe
You will have ample opportunity to discuss the various rules on remedies in the context of case studies specifically constructed to raise widely litigated issues.
Day one-- Formulating Commercial Contract Claims – the issues
Day one of the workshop will consider a number of issues that arise in respect of claims for breach of commercial contracts and how the courts approach these issues. These various issues will be considered in their practical context and by reference to case studies and hypotheticals. These have been specifically designed to focus on key issues which will be of relevance in advising commercial clients.
• Disputes as to what the parties intended to agree – the relevance of pre contract negotiations – the
new approach
• The subject matter of the claim – distinguishing actual losses and lost chances and how to claim for
these
• Identifying the best route to damages – Contract, tort or both
• Factors that may affect the recovery of damages – the new rules on remoteness and the mitigation of
losses
• Good faith in contractual dealings - the principles
• The enforceability of clauses providing for the exercise of good faith & ‘lock out’ agreements
• Areas where effective good faith is required in commercial contract transactions
- Breach of collateral warranties
- Failure to disclose information
- Abuse of positions of trust
- Misuse of confidential information
Day Two - Formulating commercial contract claims – the Remedies
Having considered in Day one of the workshop a number of factors relevant as to the framing of an action for breach of a commercial contract Day two will be devoted to an analysis of the various remedial options available to the litigant. As with day one, the remedial options will be considered in their practical litigation context with many case study examples. Specific topics covered include
• Overview of Remedies for breach of commercial contracts
• Performance interest damages – when can they be claimed
• Gain based damages – when can you gold the contract breaker to account for his profits?
• Remedies other than damages - specific performance and liquidated damages
• How to avoid the pitfalls of penalty provisions
• Action for an agreed price
• The quantum meruit claim – when can it be used?
• The use of exclusion clauses and their effect on third parties
-
Graeme Wood
Graeme Wood teaches Commercial Contracts and Obligations Law at The London School of Economics and the School of Oriental and African Studies. He is the Director of Europlaw.eu a firm specialising in training and research in European cross-border litigation. He qualified at the Bar in 1984 and completed his training in the chambers of current Supreme Court Justice, The Rt Hon The Lord Clarke of Stone –Cum-Ebony.
Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.
11-12 Jun 2012 (London, United Kingdom)
Euromoney Legal Training has created this practical and essential introduction to English contact law. Regularly updated, the course will cover the main provisions of English contract law. If you are a non-UK lawyer or a non-lawyer, this really is a course you cannot afford to miss.
14-16 May 2012 (London, United Kingdom)
This intensive three-day Euromoney Legal Training course is ideal for lawyers and others, who,
whilst not working directly in functions requiring a
detailed knowledge of finance, need to be familiar
with the overall concepts and language used in
financial analysis, credit transactions and other
corporate finance activities.
13-17 Feb 2012 (Cambridge University, United Kingdom)
The Euromoney Legal Training Winter School covers in five days a substantial range of topics including international borrowing & lending, capital markets, swaps & swap derivatives, project financing & asset securitisation. The Winter School focuses on the legal & contractual framework governing many international financial transactions.
30 Apr 2012 - 2 May 2012 (Paris, France)
Many international commercial agreements are subject to English law and often non-UK lawyers are faced with unfamiliar legal concepts and requirements. To overcome these hurdles and to help lawyers become truly international, Euromoney
Legal Training has created this practical and interactive training course.
19-31 Aug 2012 (Oxford, United Kingdom)
The University of Oxford is the oldest university in the English-speaking world. For almost a thousand years, students, academics, professionals and scholars from every background and walk of life have come together there to learn from the best and the brightest.
Euromoney Legal Training now offers you the unique opportunity to come together with your colleagues and peers to be part of The Ultimate Learning Experience, at one of the most prestigious academic institutions in the world. Set in the beautiful town of Oxford, affectionately known as ‘the city of dreaming spires’, the Summer School will take place at St. Catherine’s College, one of the thirty-eight colleges that make up the University of Oxford.
9-12 Jul 2012 (London, United Kingdom)
Many international commercial agreements are subject to English law. Often non-UK lawyers are faced with unfamiliar legal concepts and requirements. To overcome these hurdles and help lawyers become truly international, Euromoney Legal Training has created this practical and interactive training course.
7-8 Jun 2012 (London, United Kingdom)
This Euromoney Legal Training course, designed in association with Louse Forrester, will help in-house lawyers in financial institutions establish an effective framework for managing and leading the department together with managing the relationship with the rest of the business and external counsel.
9-13 Jul 2012 (London, United Kingdom)
At this school Dr Ken Mildwaters, an acknowledged international expert with a wealth of experience in helping clients to formulate successful and effective business partnerships, will discuss with participants why parties come together in a cooperative endeavour to undertake a phase of a project, the legal forms they might use in so doing, the relationships created by the forms and the principle legal and commercial issues that affect those relationships.
15-16 Mar 2012 (London, United Kingdom)
10-11 Sep 2012 (London, United Kingdom)
This Euromoney Legal Training course reviews specific issues that typically arise when you negotiate or enforce a commercial contract. We look at representations and warranties, indemnities, clauses to limit liability, clauses to manage delay or default in performance, and clauses needed in international agreements.
13-14 Mar 2012 (London, United Kingdom)
6-7 Sep 2012 (London, United Kingdom)
This highly interactive Euromoney Legal Training course is designed to give today's lawyer the drafting and writing techniques needed to operate effectively in today's competitive markets. It examines in detail competent writing in all forms of business communication and at all stages of drafting, negotiating and enforcing contracts.
13-14 Jun 2012 (London, United Kingdom)
Mastering commercial contract negotiations accross cultures and languages
26-27 Apr 2012 (London, United Kingdom)
A practical & legal guide to tackling financial crime for companies and global financial institutions
15-17 Jul 2012 (Dubai, United Arab Emirates)
This intensive three-day Euromoney Legal Training course is ideal for lawyers and others, who, whilst not working directly in functions requiring a detailed knowledge of finance, need to be familiar with the overall concepts and language used in financial analysis, credit transactions and other corporate finance activities.
13-15 May 2012 (Dubai, United Arab Emirates)
13-16 May 2012 (Dubai, United Arab Emirates)
A 3-4 day intensive and practical school is the perfect introduction or refresher on English Contract Law.
This course has now expired please email us to find out when the course will next be running.