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Commercial contract law conference 2019

Date: 22nd October 2019

Time: 09:00 - 16:45

Location:
200 SVS
200 St Vincent Street
Glasgow
G2 5SG

CPD Hours: 6hours

Following the ‘life-cycle’ of a contract, the conference will explore the key issues in contract drafting, negotiation, management and litigation.
Training Details


Join us in Glasgow for a comprehensive overview of key issues in core areas of commercial contract law. Whether you are looking to refresh your contract drafting skills or to hear about recent decisions and current developments, this conference is designed to provide you with practical tips and updated guidance through best practice, case law update and specialised insights.

Following the ‘life-cycle’ of a contract, our speakers will offer expert tips for drafting effective agreements; share their expertise for negotiating and managing contracts to mitigate associated risks; update you on the latest relevant cases; and discuss future scenarios in the area of ADR and in the current Brexit landscape.

At the end of each session, you will have the opportunity to join the speakers in the discussion and to ask questions on specific matters affecting your practice.

By attending this conference, you will gain:

  • a refresher on good drafting practice to avoid common errors and mitigate risks
  • insights into the Scottish Law Commission proposed reform of contract formation and its practical implications
  • expert insight into the end LIBOR and its impact on commercial contracts
  • practical guidance on how to best manage your contracts to avoid risks and liabilities
  • an understanding of the boundaries between competition law, data protection and privacy
  • updated knowledge of the latest cases affecting commercial contract and current developments in the area of Alternative Dispute Resolution
Testimonials

"Really informative and engaging"

Delegate, October 2018

"Very impressive speakers. Well organised conference."

Delegate, October 2018

"Full and detailed course. Ability to gain significant CPD in one session"

Delegate, October 2018

"The course was well presented and very infomative"

Delegate, October 2018

"Very practical. Good to hear practitioner experience"

Delegate, October 2018

"Interesting, informative, varied, relevant"

Delegate, October 2018

  • 09:00 - 09:30

    Registration and refreshments
  • Speaker
    John Paul Sheridan

    John Paul specialises in litigation. He is a solicitor advocate with rights of audience in the Court of Session and UK Supreme Court. He has particular expertise in financial services litigation and professional negligence claims against solicitors, surveyors and architects. He also specialises in complex contractual, commercial and property related disputes.

    He is independently recognised as an expert in the field of Dispute Resolution by Chambers UK and as a leading individual by Legal 500.

    John Paul qualified as a solicitor in 1999 and as a solicitor advocate in 2005. Joining TLT LLP in 2012 following the merger with Anderson Fyfe, he is now a partner and head of our Scotland office.

  • 09:40 - 10:25

    Effective contract drafting: a refresher for commercial practitioners

    • Pointers for good drafting practice
    • Common drafting errors and what you should keep in mind to avoid them

    Speaker
    Alastair Dunn

    Alastair has been a leading figure in company law for over 20 years. In that time he has gained experience over a wide variety of transactions. His mainstream practice covers the formation of corporate entities, establishing project and joint venture vehicles, drafting bespoke high value commercial contracts and the provision of general contract and commercial advice. Alastair also deals with high value and complex commercial disputes. He is recognised as a “Recommended Lawyer” for Corporate and Commercial: Edinburgh & Glasgow; and also for Insolvency and Corporate Recovery by the Legal 500 directory.

    Alastair advises on all aspects of company law, contract law as well as public sector, third sector and project work.  He “gets the job done effectively in a no-nonsense and client friendly manner” (Pauline Graham, Social Firms Scotland).

    Recent deals include: Sales in the car home sector, purchase of a water company, sale of a waste management company. Insolvency advice for directors and opinion work for just and equitable winding up.

    Alastair acts for a number of the firm’s well-established clients including national and international organisations, owner-managed companies, entrepreneurs, funders, shareholder groups and investors.  He also has experience in project work with the public sector.  This has involved devising styles, systems and protocols which led to acknowledged added value which included real time updates on active projects being available.

    External Appointments

    By invitation Alastair devised and wrote a new course on commercial contracts for the Diploma in Legal Practice at Glasgow University where he continues to manage the course in his capacity as senior tutor. Alastair also mentors law students in the University’s CLASP Programme where advice is provided to start-up businesses.

    Adviser to, and Director of, EB Scotland Limited (which spends landfill tax credit money in respect of environmentally enhancing activities throughout Scotland). Alastair’s role involves appraising projects that improve the amenity or environment of areas in Scotland and making sure that the projects qualify under legislation. He has presented a number of seminars both to the business community and to fellow lawyers.

    10:25 - 11:10

    Key issues in contract formation

    • Overview of the SLC proposal
    • Execution in counterpart: problems in practice and current developments
    • Case law discussion and update

    Speaker
    Peter J Alderdice

    Peter is a senior associate in Shepherd and Wedderburn’s banking and finance team. He specialises in advising banks and institutions on financial services regulation. He has extensive experience of drafting documentation for mortgage lending, consumer credit and retail banking products and advising on regulatory risk issues. He also advises on fiduciary services, payment systems and clearing arrangements and provides legal opinions to institutions for regulatory capital purposes. Peter’s practice includes acting for financial institutions and corporations on syndicated lending and cross-border structured finance transactions, as well as advising on Islamic finance deals and lending to investment funds.

    11:10 - 11:20

    Questions and discussion

  • 11:20 - 11:35

    Refreshments and networking
  • 11:35 - 12:15

    Limitation and exclusion of liability: the key issues

    Speaker

    Fiona is a managing practice development lawyer in Dentons' dispute resolution team.  She has 15 years experience as a commercial litigation lawyer, the last 3 of which have been spent in a practice development role with a focus on knowledge management, innovation and training.

    Fiona has a particular interest in contract law, and sits on the Law Society of Scotland's Obligations Sub-Committee.

    12:15 - 12:55

    The end of LIBOR and its impact on commercial contracts

    • Why does LIBOR matter and when is it going to end?
    • What to do about current contracts with LIBOR provisions
    • Alternatives to reliance on LIBOR in contracts

    Speaker
    Jamie Apted

    Jamie is an award-winning lawyer. He specialises in banking, complex contractual, financial and insolvency disputes.

    Jamie provides advice to a range of clients from multi-million pound private equity funds to small family businesses. His cases regularly contribute to the developing case law in his areas of practice and in recognition of this he is routinely invited to speak at legal conferences throughout Scotland.

    Exceptionally for a litigator, Jamie’s expert knowledge of the Scottish court system and financial agreements has also led him to be instructed in a number of uncontentious matters drafting financial services agreements for private equity funds and insolvency practitioner firms.

    Jamie is described as having “outstanding” technical ability and as an embodiment of the Firm’s entrepreneurial tagline. He will always look at the bigger picture, and he makes things happen. Above all, he is focused on achieving the very best possible outcome and “doing the right thing” for the client. Other lawyers describe him as simply “brilliant”.

    12:55 - 13:05

    Questions and discussion

  • 13:05 - 13:50

    Lunch and networking
  • 13:50 - 14:30

    Key considerations in commercial contracts strategy

    • In-house & private practice perspectives on contracts strategy
    • IT contracts case study – legal and practical considerations
    • Contracts strategy elements

    Speaker

    Steph is a Senior Legal Manager at Aggreko plc, supporting all aspects of the Northern Europe region and also the Aggreko group’s Global Procurement function. This broad remit includes responsibility for supporting the Group’s IT function. She has extensive experience in commercial contracts, intellectual property, information technology and data protection, formerly as a Senior Associate in the non-contentious TMT team at Dentons. Steph tutors in Commercial Contracts on the University of Glasgow Diploma in Legal Practice, and also recently passed the New York Bar Exam.

    14:30 - 15:10

    Competition law, data protection and privacy

    Speaker

    Alison heads up Shepherd and Wedderburn's Trade and Commerce team, assisting clients in all sectors with their on-going business and trading requirements, both locally and internationally. Alison specialises in advising on all aspects of commercial contracts, including drafting tailored commercial agreements, outsourcing agreements, services agreements, IT agreements, manufacturing, logistics and supply chain agreements and entry in to new markets, particularly export and import controls and sanctions.
     
    Alison is qualified in Scotland, Ireland and England and Wales.

    15:10 - 15:20

    Questions and discussion

  • 15:20 - 15:35

    Refreshments and networking
  • 15:35 - 15:55

    Penalty clauses and liquidated damages: update on the latest cases

    Speaker
    Gillian Jamieson

    Gillian is a commercial litigator specialising in complex, high value commercial contract disputes. Her experience encompasses actions in the Sheriff Court, Court of Session, cross-border and international litigations, as well as alternative dispute resolution procedures. Her clients range from private individuals to multinational plcs and government bodies. Gillian is versatile, resourceful and solutions driven, with a track record of securing positive outcomes in extremely challenging cases. She is frequently enlisted as a troubleshooter when potential problems are identified with a view to devising innovative, contractually compliant and constructive options to resolve.

     

    Gillian joined Anderson Strathern in 2016 following a ten year career break from private practice and rapidly progressed to partner in 2018. She was a part-time civil litigation tutor on the Diploma in Legal Practice at the University of Strathclyde Law School from 2014-2019 and is a contributing author to Lexis Nexis.

    15:55 - 16:15

    Insight into Mediation (Scotland) Bill: where are we now?

    Speaker
    Jane Fender-Allison

    Jane is a disputes lawyer with international law firm CMS. She specialises in the resolution of infrastructure, construction and energy disputes in the UK and internationally. She is highly experienced at representing parties in mediations and has been a meditator and regular practitioner herself since 2012. She is accredited as a Specialist in Commercial Mediation by the Law Society of Scotland.

    16:15 - 16:35

    Determining jurisdiction post-Brexit: Brussels I v Hague Convention

    Speaker
    Dr Kirsty Hood QC

    Dr Kirsty J Hood QC is an Advocate at the Scots Bar. She called to the Bar in 2001, and took silk in 2015.  Whilst she maintains a varied civil practice, her particular expertise is in private international law. Kirsty is the author of Conflict of Laws within the UK; author of ‘'International' Rules in an Internal Setting’ in Ruiz Abou-Nigm, McCall-Smith & French (eds), Linkages and Boundaries in Private and Public International Law; was a contributor to Wilkinson & Norrie, The Law Relating to Parent and Child in Scotland (3rd edn); provided the material for the LexisPSL Dispute Resolution Practice Note on 'Jurisdiction in Scotland - Overview'; and is the contributor of the ‘Cross-border Jurisdiction’ section of the Scottish Family Law Service looseleaf. Kirsty was Clerk of Faculty at the Faculty of Advocates between October 2014 and April 2019 – the first woman to hold that post.

    16:35 - 16:45

    Questions and discussion

  •  

    Speaker
    John Paul Sheridan

    John Paul specialises in litigation. He is a solicitor advocate with rights of audience in the Court of Session and UK Supreme Court. He has particular expertise in financial services litigation and professional negligence claims against solicitors, surveyors and architects. He also specialises in complex contractual, commercial and property related disputes.

    He is independently recognised as an expert in the field of Dispute Resolution by Chambers UK and as a leading individual by Legal 500.

    John Paul qualified as a solicitor in 1999 and as a solicitor advocate in 2005. Joining TLT LLP in 2012 following the merger with Anderson Fyfe, he is now a partner and head of our Scotland office.

Prices

prices exclude VAT

Member:
£220.83
 
New member:
£183.33
 
Accredited Paralegal:
£183.33
 
Trainee:
£183.33
 
Unemployed member:
£166.67
 
Non-member:
£241.67
 

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