£200 + VAT (member) / £250 + VAT (non-member)
We are delighted to be returning to the Hilton Glasgow* for the first in our Scots Law 2026 Conference Series, exclusively available to delegates in person on the day.
Our new conference, chaired by Michael Upton of Themis Advocates, will look at modern contract drafting, including topics ranging from crypto currency to third party rights, the role of good faith and time bar, all through the lens of current practice and recent case law.
Michael will be joined by a panel of experts including Tim Edward of BTO, David Thomson KC from Axiom Advocates, Antonia Bain of CMS and Connor Guinea of Brodies.
What's being covered?
Time bar and latent damages
Michael will summarise the story of latent damages since the Supreme Court ruled in David T. Morrison v. I.C.L. Plastics and Gordon's Trs. v. Campbell Riddle Breeze Paterson, via WPH Developments v. Young & Gault to Tilbury Douglas Construction Ltd. v. Ove Arup, and the possible effect of the reform of the law by the Prescription (Scotland) Act 2018, before turning to the attempts to stop the clock running in Highlands & Islands Enterprise v. Galliford Try, Legal & General. v. Halliday Fraser Munro, and most recently Greater Glasgow Health Board v. Multiplex Construction, and the contrast between ‘literal’ and ‘purposive’ interpretations of the law.
Michael Upton, Themis Advocates
Transferred loss in Scots law: quid juris?
The issue: in a well-regulated legal universe black holes should not exist – thus, where loss has been caused by a breach of contract, damages should be available. The problem: privity of contract – the general rule is that only a party to a contract may claim damages for its breach.
David Thomson KC, Axiom Advocates
The role of good faith, fairness and equity in the interpretation of contract in Scotland in a post Pandemic world
- The evolution of duties of good faith in contract in the Scottish Courts following on from Braganza and from Mr Bates v the Post Office
- The application of fairness and equity in interpretation of contract and the notion of equitable adjustment
- Lessons from the Pandemic: frustration and force majeure and the role of equity in the termination of contractual obligations
Tim Edward, BTO
Drafting Settlement Agreements in the light of recent case law
The recent case of Dragados UK Ltd v Port of Aberdeen [2025] CSOH 37 has far-reaching implications for those who draft settlement agreements. This session will consider the decision and those implications in depth.
Connor Guinea, Brodies
Transfer of undertakings: the common law
Leaving the E.U. means that if we wanted to we could revoke the Transfer of Undertakings (Protection of Employment) Regulations 2006, which implement E.C. Council Directive 2001/23. Apart from the Regulations, what is the common law with which we would be left?
Michael Upton, Themis Advocates
Crypto in commercial contracts
As digital assets and cryptocurrencies become increasingly integrated into commercial transactions, a nuanced understanding of their legal and regulatory implications is essential. This presentation will explore how the incorporation of crypto assets in commercial agreements impacts contract drafting, with particular attention to risk allocation, payment mechanisms, and enforcement considerations.
Antonia Bain, CMS
*A reduced parking rate of £10 per car is available onsite at the hotel. A code will be issued during the conference which can be entered into the pay station when paying before leaving the car park.
