One thing is certain: however you work in Tech Law, you will come into frequent contact with contracts, whether drafting them, marking them up or litigating them. Understanding the latest trends in the case-law is crucial to success. This session presents a magisterial walk through the latest case-law, ranging from the “contract or not” cases right the way through to termination, and taking in much besides along the way.
Most importantly, our speaker Richard Stephens draws out the implications of the latest judgments, reflecting on the drafting and practice points. The only criterion for Richard’s discussion of a case is that it changes what we do in some way – whether by improving our drafting, or advising our clients.
This Year’s Update:
Richard keeps up to date with all the cases as they come out – so the precise agenda will always take account of the most significant decisions in terms of practical points. As always, Richard teases out the practice points for lawyers – whether those drafting contracts, litigating them or just advising clients on the latest situation.
Richard will of course deal with the practice points coming out of the important IT case of Tata Consultancy Services v DBS, but there are plenty of cases with important ramifications for practice including:
- Liabilities – the cases continue to come in looking at the applicability of UCTA, while the courts are increasingly hardening their attitude to construing liability caps and exclusions. Far from the interventionist approach of yesteryear, have they now gone too far in the opposite direction?
- Liabilities – there are some other points worth making about e.g. deliberate breaches, the role of insurance, indirect/consequential loss and loss of profits
- Notices and time limits continue to throw obstacles in the way of contracting parties, and the cases this year have looked at some hard points, drawing in the doctrine of estoppel: it all raises the question of why we persist in drafting these potentially unpredictable clauses …
- Moving away from liabilities, there is the usual crop of cases looking at the “contract or not” situation – an ever present danger to practitioners and worth keeping abreast of the latest
- Drafting for uncertainties – as anyone who has drafted a long-term contract knows, trying to gaze into the crystal ball to predict what is going to happen, 3, 5, 10 or even more years down the line is very hard. Recent cases show how generous the courts are prepared to be in filling in the gaps, and they also demonstrate what wording works – and what wording doesn’t work
- Termination – maybe it is just me that is noticing it, but there seem to be more cases on termination coming out at the moment, a sure sign of difficult economic times as parties try to extricate themselves from difficult contracts. Serving a notice of termination is going to be one of the hardest and riskiest things you will do in your professional life – and the cases give good illustrations of how you can get it right (and very wrong)
- Time permitting, I’d like to look at some other important material for practice – not least the Supreme Court’s judgment looking at the scope of third party rights, the risks inherent in using template contracts, executing variations, “material adverse effect” and many others, whatever I can fit into my two hours!
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Gain valuable insights into the key cases that have shaped the commercial legal landscape.
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Explore lessons from contract cases in diverse practice areas that often go unnoticed.
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Benefit from Richard’s unparalleled experience in IT contracts
Audience:
All commercial lawyers, both in-house and in private practice, in the UK and around the world, are encouraged to sign up for this specially focused session that caters to the needs of the SCL audience – and beyond. There is something for everyone as this session draws on developments in general commercial, corporate, construction, engineering, and property while Richard uses his vast experience of IT contracts in particular to relate the content to the work of IT lawyers.
Richard Stephens is the founder of LORS, with over 40 years of expertise as a commercial lawyer specialising in IT. He is a respected mediator and arbitrator in technology disputes, in addition to providing renowned training courses in commercial law. Richard’s pioneering work on Agile and its impact on commercial contracts has made him a leading figure in the industry. Richard is a past Chair of the SCL and an SCL Fellow.
This event is hosted and sponsored by Herbert Smith Freehills.
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Fees:
£140 + VAT (£168) for SCL members
£280 + VAT (£336) for non-members
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Venue address:
Herbert Smith Freehills,
Exchange House,
Primrose St,
London
EC2A 2EG
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