New developments - the contractual implications
£200 + VAT (member) / £250 + VAT (non-member)
Murrayfield Stadium is the venue for the next event in our Scots Law Conference Series, exclusively available to delegates in person on the day.
We are delighted to welcome the advocate, barrister, arbitrator and adjudicator, Brandon Malone of Ampersand Advocates who will be chairing our new Contract Conference. With The Bankruptcy and Diligence (Scotland) Act 2024 now in force, a new UK Government with fresh ideas around data protection and developments in drafting all on the agenda, a panel of expert speakers will consider the direction of travel for the continued development of contract law.
Brandon will be joined by Professor Nicholas Grier of Abertay University, Ross Taylor from Gillespie Macandrew, Laura Irvine and Vicky Ward of Davidson Chalmers Stewart, Andrew Scott from Brodies and Ross Anderson of Ampersand Advocates, early booking is strongly advised.
Questions to be considered will include
- what are the implications of the new Bankruptcy and Diligence (Scotland) Act?
- why is the jurisdiction clause important?
- how should you think about data protection in commercial contracts?
- what do contract drafters need to know about dispute resolution?
- should the inclusion of good faith in contracts be encouraged?
What's being covered?
The Bankruptcy and Diligence (Scotland) Act 2024
This new Act makes various technical changes to existing bankruptcy and diligence law, sometimes correcting errors or inconsistencies, tidying up methods of recall of sequestration, and giving longer time periods for certain procedures. More substantive changes involve the introduction of a moratorium for debtors with mental health problems (echoing similar policies in England and Wales), the requirement for arrestees to disclose whether or not an arrestment has been successful, changes to diligence against earnings and changes to money arrestment. Research indicates that mental health problems are a significant cause of debt, and that debt in itself can lead to mental health problems. Drafting legislation that genuinely protects those with a mental illness while deterring opportunists will prove a challenge for any legislature.
Professor Nicholas Grier, Abertay University
How to think about data protection in commercial contracts
This presentation will consider the questions of data controller or data processor and the anonymisation and reuse of data. I will also look forward to how the UK Government is likely to deal with data protection issues and AI.
Laura Irvine & Vicky Ward, Davidson Chalmers Stewart
What contract drafters need to know about dispute resolution
In this session Brandon will consider the ethical duty to advise clients about their options, the pros and cons of the main forms of dispute resolution and how to draft the perfect dispute resolution clause.
Brandon Malone, Ampersand Advocates
Trust me, it's in the contract
Ross will examine the development of good faith as a contractual concept and question the extent to which its inclusion should be encouraged.
Ross Taylor, Gillespie Macandrew
Jurisdiction clauses - not just another ‘boilerplate’ clause
This session will provide an overview of the issues that can arise with jurisdiction clauses and why it is important to pay proper attention to them during contract negotiations. Andrew will also look at some recent developments in this area, including the increase of anti-suit injunctions in England, triggered by the political situation in Russia and the implications of the UK's ratification of the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
Andrew Scott, Brodies
Contract caselaw update
A review of some of the most important contract law cases recently decided and the possible implications of those decisions for your advice.
Ross Anderson, Ampersand Advocates
