With the remaining Covid restrictions falling away, the legal profession can turn its principal focus back to the business and practice of law under more normal circumstances.
Our next Scots Law series, Getting Back to Business, reflects this shift by providing an analysis of practical, statutory and caselaw developments in eight key practice areas that will help you offer best advice to your clients.
Contract law continues to evolve with drafting considerations remaining paramount.
Our comprehensive new online contract conference will not only consider the continuing development of smart contracts but will also look at the key provisions of the Prescription (Scotland) Act 2018 coming into force on the day of the conference and their impact on all contract lawyers.
Key traps to avoid when drafting, contracts and personal data, how to deal with restrictive covenants and third party rights will all be considered by our panel of expert speakers drawn from private practice and the Bar.
Questions to be considered will include:
what constitutes a “smart” contract, how are they created, and how are they enforced?
how can you avoid common mistakes with your drafting?
what solutions are there for the client who’s suffered breach but no loss and the client who’s suffered loss but no breach?
what are the legal requirements when personal data is involved in the services provided under a contract?
how do you protect valuable trade secrets with restrictive covenants?
what are the key provisions relating to prescription coming into force on the day of the conference and why are they important?
We look forward to welcoming you to this important online conference.
What's being covered?
Blockchain and smart contracts
What is blockchain technology? What is the legal status of crypto currencies and non-fungible tokens (NFTs)? What constitutes a “smart” contract, how are they created, and how are they enforced?
Brandon Malone, Brandon Malone & Company
Drafting tips and common errors
Among other things this talk will cover getting the right information and how to avoid common mistakes. Interpretation and the courts will also be considered with particular reference to drafting and notice periods, issues with intellectual property, and drafting and exclusion clauses. Some solutions to these issues will be offered.
Alastair Dunn, BTO Solicitors
Black holes and third parties
In this session we will look at both the pursuer who’s suffered breach but no loss and the pursuer who’s suffered loss but no breach. Spouses and associated companies will be considered along with the pursuer who’s paid to remedy a wrong and the pursuer who’s been collaterally warranted. The continuing influence of the decision in Murphy v Brentwood District Council will also be discussed.
Michael Upton, Themis Advocates
Contracts and personal data: understanding the legal requirements
When personal data is involved in the services provided under a contract, it is essential to understand the legal requirements. But what is personal data? Who is a Controller, Processor or Joint Controller? As well as explaining key data processing terms, this presentation will also consider Data Sharing Agreements, international transfers and contractual terms and help you to understand the legal requirements you need to know.
Laura Irvine, Davidson Chalmers Stewart
Trade secrets and restrictive covenants: protecting valuable information
Identifying what can be protected by valid and enforceable restrictions, and the ways it can be protected, is constantly changing. This session will look at what interests can be protected, what protection can be achieved (geography, time, relationships, subject matter), different contracts (employment, partnership & joint ventures, business sale) and also remedies and enforcement. There will be a focus on how to draft tailored contractual restrictions in a variety of situations and which should survive the scrutiny of the court.
Alan Stalker, Young & Partners
1 June 2022: A timely update on prescription
During this session, the key provisions of the Prescription (Scotland) Act 2018 coming into force on 1 June 2022 – in particular section 5 of the Act will be discussed. It will cover why an understanding of the new provisions is important for legal practitioners generally, and in particular, litigators. Leona will consider the new provisions in the context of different case types and sectors, including contentious construction claims.