Contract masterclass webinar series

Over the course of November 2021 our UK dispute resolution team delivered a series of eight webinars providing up to date guidance on contractual issues in English law covering:

• Interpretation
• Exclusion clauses
• Force majeure and frustration
• Contractual notices
• Penalty clauses and liquidated damages
• Non-compete clauses and restraint of trade
• Termination, repudiation, affirmation and waiver
• Dispute resolution clauses.

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We provide below an overview of what is covered in each of these webinar topics.

Interpretation
This webinar covers:

• The key principles governing contractual interpretation under English law
• Recent developments in case law regarding contractual interpretation
• Key practical points to consider when drafting or applying contractual language
• Implied terms and the key legal principles relating to their use in English law

Exclusion clauses
This webinar covers:

• The role of exclusion clauses as part of contractual risk allocation
• Recent judicial treatment of such clauses, including on the issue of incorporation in online contracts
• Key points to consider when including such clauses in your contracts or assessing your rights under existing contracts

Force majeure and frustration
The law of force majeure and frustration continues to develop, and we are now seeing some of the projected covid-19 cases coming through the courts. This webinar covers:

• A reminder of the English law relating to force majeure provisions and frustration;
• Recent examples of where parties have relied upon these; and
• Tips for drafting an effective force majeure clause.

Contractual notices
Recent caselaw has demonstrated that contractual claims will fail where the claiming party fails to strictly fulfil the requirements of a notice provision. This webinar covers:

• look at the principles applied by the courts when considering clauses requiring notice of claims,
• summarise recent developments and illustrative decisions; and
• provide practical tips for those drafting contracts and notices.

Penalty clauses and liquidated damages
This webinar covers:

• The purpose and nature of liquidated damages clauses
• The judicial treatment of such clauses, with a particular focus on the circumstances in which the courts will strike down a liquidated damages clause as a penalty clause
• Practical points to consider when drafting liquidated damages clauses into your contracts

Non-compete clauses and restraint of trade
This webinar covers:

• Status of government consultation on post termination restrictions
• Overview of restrictive covenants in employment contracts
• The judicial treatment of such clauses
• Key pointers to consider when considering or reviewing such clauses
• Recent interesting cases

Termination, repudiation, affirmation and waiver
This webinar will cover:

• The importance of getting termination right: a recap of the principles
• The latest judicial treatment of claims alleging repudiation, wrongful termination and waiver
• Key pointers and pitfalls to consider when seeking to terminate an agreement (or when faced with a counterparty’s attempt to terminate)

Dispute resolution clauses
This webinar covers:

• Practical considerations for drafting jurisdiction and governing law clauses, particularly in light of changes to the EU framework
• Recent developments relating to the enforceability of jurisdiction clauses and English court judgments, including no Lugano Convention
• Recent developments and points to consider when drafting arbitration clauses
• Drafting escalation clauses