Richard Butler

Training, Arbitration and Commercial Mediation

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Training Courses

Click here to see sample programmes

1               Mediation – One-day mediation courses for solicitors representing clients in commercial mediations. Click here for more information.

2              Jurisdiction and choice of law  – Courses of one, two and three days in jurisdiction and choice of law in contract and tort. Click here for more information.

3              International Arbitration – One and two day courses in procedures and skills in international arbitrations

4              Advocacy – Courses for solicitor advocates before and after higher rights (e.g. 1 day cross-examination course). Click here for more information.

5              Litigation Procedure – Courses on specific procedures - Click here for more information.

6              Litigation skills – Courses in drafting statements of case, skeleton arguments and witness statements. Click here for more information.

7              Limitation - Lectures and workshops on the law of limitation. Click here for more information.

 

8                 Witness Statements - Skills, evidence, and procedure in the preparation of witness statements - One-day courses. Click here for more information.

9              Just in time training – Advocacy and other skills training ahead of hearings, trials etc.

10              Negotiation Skills – Negotiation skills for contentious and non-contentious lawyers. One-day courses. Click here for more information.

11             Case Management – One-day course on project management techniques in the legal case management context.

12             Witness Familiarisation – Half-day courses, one-on-one for factual and expert witnesses to familiarise them with with the court process and the experience of giving evidence. Strict compliance with all recent judicial and professional guidelines.

13              Commercial Property - Lectures and workshops on a variety of commercial property issues - Click here for more information

Lectures and Seminars

(Each numbered topic is available as a 1 hour lecture followed by a 30 min seminar)

Contract Law for Practitioners

 

1  Offer and Acceptance - Communication of offer, acceptance and withdrawal of each -Battle of forms, contracts concluded by post, fax and e-mail. Conflict of laws issues associated with offer and acceptance

2  Consideration – Issues of practical importance to commercial lawyers – Settlement agreements – Foakes v Beer, Williams v Roffey Brothers

29 Incorporation of Terms - Introduction of terms into contracts - Oral representations, collateral contracts, implied terms

3  Uncertainty as to Terms – Agreements to agree – Agreements to negotiate and to mediate. Implication of terms. Mistakes as to terms – Effect and remedies. Other mistakes – Identity of subject matter and parties – Non est factum  effect and remedies

4  Interpretation of Contracts – Charter Reinsurance v. Fagan, Mannai Investments Co v. Eagle Star and Investors Compensation Scheme v. West Bromwich. Rectification by construction

5  Misrepresentation - Effect on contracts and as a tort – Comparison with negligent misstatement

6  Exclusion Clauses – Incorporation, Interpretation, Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts Regulation 1999. Conflict of laws issues associated with exclusion clauses

7  Third parties – Privity and Contracts (Rights of Third Parties) Act 1999.

8  Other Vitiating Factors – Duress, unconscionable bargains, frustration, illegality – Effect and remedies

9  Termination – Anticipatory breach, termination under contractual provisions and rescission

10  Choice of Law in Contract – Rome Convention and the Contracts (Applicable Law) Act 1990

11  Breach of Contract – Breach or merely condition for other party’s liability? – Has performance obligation arisen? – Lawful excuse from performance – Fault based and strict liability in contract – Anticipatory breach – Rescission for breach and anticipatory breach – Termination under contractual termination clause

12  Contract Damages – Compensatory principle – Wrotham Park v Parkside Homes, Surrey County Council v Bredero Homes, Jaggard v Sawyer, A-G v Blake, Experience Hendrix – Claimant’s overall position – Phillips v Ward – Loss of bargain – Damages and scope of duty - SAAMCO and Aneco – Reliance loss – Anglia TV v Reed – Difference in value or cost of cure? – Ruxley Electronics v Forsyth Remoteness – Hadley v Baxendale.

13  Frustration - Failure of consideration -Frustrated contracts – Law Reform (Frustrated Contracts) Act 1943, Fibrosa Spolka Akcyjna v Fairbairn Lawson

 

 

Other Obligations Topics

 

28  Assignment and Novation - Contractual and proprietary issues - equitable assignment, statutory assignment, non-assignment clauses and priorities

14  Restitution – Taxonomy – Restitution scholarship and judicial approaches - Work done in anticipation of a contract which does not materialise – Unravelling void contracts – The swaps cases -  Guinness Mahon v Kensington & Chelsea LBC, Westdeutche Landesbank v Islington LBC.

15  Duty of Care in Negligence – Donoghue v Stevenson, Hedley Byrne v Heller, Home Office v Dorset Yacht, Anns v Merton,  Hill v Chief Constable of West Yorkshire, Caparo v Dickman, White v Jones.

16  Causation in Negligence – Causation in fact – legal causation – Fairchild v Glenhaven, Reeves v Commissioner of Police, Human Rights Act issues – Gregg v Scott

17  Tort Damages – Compensatory, aggravated and exemplary damages – Restitutionary measure in tort – General and special damages – Egg-shell skull cases

18  Tort Damages –Remoteness of damage – The Wagon Mound, Hughes v Lord Advocate - Damages and scope of duty – SAAMCO and Aneco

19  Tort Damages – Pure economic loss – Spartan Steel & Alloys v Martin, Candlewood Navigation v Mitsui. Damages for losses suffered by third parties – Linden Gardens Trust Ltd v Lenester Sludge, St Martins Property Corp v Sir Robert McAlpine, Alfred McAlpine v Panatown Ltd

20  The Economic Torts – Procuring a breach of contract, conspiracy, intimidation, causing loss by unlawful means - OBG Ltd v Allen

21  Equitable Remedies – Breach of trust and of fiduciary duty in a commercial context. Tracing in law and in equity

22  Equitable Remedies – Dishonest assistance in a breach of trust – Royal Brunei Airlines v Tan, Twinsectra v Yardley – Knowing receipt of trust property – Agip v Jackson, Eagle Trust v. SBC Securities, the Baden categories, BCCI v Akindele

23  Equitable Remedies – Rectification, specific performance, rescission

 

Jurisdiction

24  Basics – Conflict of laws - Outline of jurisdiction under CPR6, Council Regulation 44/2001, Brussels and Lugano Conventions. Scope of Council Regulation 44/2001

25  Jurisdiction under Council Regulation 44/2001 - Choice of jurisdiction under Council Regulation 44/2001, the basic rule of domicile based jurisdiction, exclusive jurisdiction.

26  Special Jurisdiction - Jurisdiction in contract, jurisdiction in tort, lis alibi pendens

27  Recognition and Enforcement of Judgments – Common law, Regulation 44/2001 and European Enforcement orders.

 

 

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