We are delighted to be returning to Murrayfield Stadium for the next in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.
Chaired by Michael Upton of Themis Advocates, our annual conference will consider topics from formation, contractual notices, construction and interpretation to insolvency and the legal requirements when personal data is involved in the services provided under a contract.
Alastair Dunn of BTO, Laura Irvine from Davidson Chalmers Stewart, Ross Taylor of Gillespie Macandrew, Eoghann Green from Dentons and Bilaal Shabbir of Themis Advocates will join Michael on the speaking panel.
Questions to be considered will include:
how do developments driven by the digital age affect formation?
what is the difference between the textual and contextual approaches to interpreting contracts and how do you best choose between them?
how can you improve drafting notices?
what are the legal requirements when personal data is involved in the services provided under a contract?
what are the current insolvency issues relevant to contracts?
what are the topical issues arising from contractual litigation disputes in the Court of Session during 2023?
What's being covered?
21st Century contract formation in Scotland
The existing rules on contract formation in Scotland will be considered as well as recent developments that have been largely but not exclusively driven by the digital age - counterpart, electronic signatures and third party rights. The overall legal framework that practitioners work within as well as the case for further reform will also be discussed.
Alastair Dunn, BTO
Construction (& interpretation) of contracts
Generally, where there’s a reasonable disagreement about the meaning of a written contracts that is because it can be read in one two ways; either literally, with reference to little more than a dictionary - or else purposively, by reference to parties’ unstated background knowledge - which may be knowledge of the specific circumstances, or simply knowledge of the way the world is. These are the ’textual’ and ‘contextual’ approaches. The debate between them is endless - and in any given case, either of them may be the right approach. In this session we will discuss how to choose between them, and when you might persuade a judge that the words are just a mistake to be corrected.
Michael Upton, Themis Advocates
Did you notice me?
Contracts often include provisions about the service of notices, such as what they must say, how they are to be served, and by whom they must be given or received. Sometimes contracts make no such provisions. If a notice is required to bring about a state of affairs, or to open up rights and obligations, its form, substance and intent; and the method of its service can be crucial. This session shall take a look at some recent case law on the topic and will give some pointers to good drafting.
Ross Taylor, Gillespie Macandrew
Contracts and personal data: understanding the legal requirements when personal data is involved in the services provided under a contract
What personal data is will be considered as well as the definitions and role of the Controller, Processor or Joint Controller. Data processing terms, Data Sharing Agreements and international transfers and contractual terms will also be discussed.
Laura Irvine, Davidson Chalmers Stewart
Insolvency and contracts
This session will provide a comprehensive update of insolvency issues relevant to contracts, including the impact of recent case law.
Eoghann Green, Dentons
Navigating the Scottish contractual litigation landscape in 2023
This session will explore some of the topical issues, including breach of contract, frustration and essential error, arising from contractual litigation disputes in the Court of Session during 2023.