Frustrated by Contract Law - is it still fit for purpose?
EARLY BIRD OFFER, BOOK ON OR BEFORE 12 AUGUST
£160 + VAT (member) / £200 + VAT (non-member)*
Although contract law continues to evolve, are the remedies available sufficient anymore? Is the law up to date with modern practice? Are there areas that need reform?
Chaired by Stephen Cotton of Wright, Johnston & Mackenzie, the limitation of liability provisions in uncertain trading conditions, the proposed reform of consumer law and consumer finance, force majeure and frustration and data protection issues for contract lawyers are just some of the topics to be considered by a panel of experts. Professor David Cabrelli of The University of Edinburgh will give the keynote presentation 'a Review of Contract Remedies'.
*All bookings received ahead of publication of the full conference programme on 15th August can take advantage of our Early Bird rate of £160 + VAT for members and £200 + VAT for non-members. To obtain this discount simply add the code SCOT25 during checkout when you book online, email firstname.lastname@example.org or call 0141 225 6700.
Questions to be considered will include:
how are damages, specific implement and interdict being treated by the courts?
what do contract drafters need to know about current developments relating to frustration and force majeure?
what is the extent to which limitation of liability clauses are likely to be enforced by the courts in the current climate?
are your clients and contracts ready for the reform of consumer law?
how are data protection clauses being used in practice and should you also be using them for your clients?
We look forward to welcoming you to this important online conference.
What's being covered?
A review of contract remedies
It is trite law that the main remedies available to successful litigants in any contract action in the courts consist of damages, specific implement and interdict. In this presentation, David Cabrelli will focus on recent Scots and English case law examining each of these remedies. The talk will also look at other remedies, including any developments in gain-based damages. Of course, the differences in principle between the English and Scottish approaches to contract remedies will be kept at the forefront of the discussion.
Professor David Cabrelli, The University of Edinburgh
Frustration and force majeure
The effects of the pandemic and sanctions related to the war in Ukraine have thrown a renewed focus on the remedies of frustration and force majeure. We'll consider the approach taken by the courts in the resulting cases and the lessons for contract drafters.
Fiona Caldow, Dentons
Proposed reform of consumer law, retail financial advice and consumer finance - are your clients and their contracts ready?
In this session we will look at Consumer Credit Act and consumer law and practice reforms more generally as well as considering retail financial advice to investment clients.
Stephen Cotton, Wright, Johnston & Mackenzie
Limitation of liability provisions in uncertain trading conditions: fair, reasonable, clear and unambiguous?
Fulfilling contractual obligations on time and on budget is proving challenging for many businesses amid worker shortages, poor supply chains, inflation and the war in the Ukraine. Gillian will consider the extent to which limitation of liability clauses are likely to be enforced by the courts in the current climate and what practitioners can do to protect their clients’ interests in uncertain times.
Gillian Jamieson, Anderson Strathern
Data protection: its use and requirements for non-data protection lawyers
What does that boilerplate clause mean? How are data protection clauses being used in practice and should you also be using them for your clients? Stephen Grant takes a look at both technical and practical uses of data protection over the last few years since the inception of the GDPR.