1
Type Speaker CPD Hours Level
6 UpdateInformation
Accreditation Information
SRA Competency B

Introduction

Chaired by Dominic Regan, this live broadcast conference will provide you with the latest update in commercial litigation matters from the Arkin cap to the latest on witness statements.

Each session will provide opportunity for questions and answers.

Conference Agenda

This live and interactive 6 hour conference will cover the following:

9.30am - 10:30am: Funding Developments

Chair - Professor Dominic Regan

Litigation does not come cheap. Clients might have a claim but not the wherewithal to fund it. In this talk Dominic will look at recent developments including:

  • Displacement of the Arkin cap
  • Damages based agreements after Zuberi
  • When should strangers pay costs?
  • Non - contentious business agreements
  • Curbing costs with a limited retainer

AM break

10:45am to 11:45am: The Latest on Commercial Remedies

Helen Swaffield, Contract Law Chambers

This session is a toolkit for Claimants in commercial litigation and will cover the following:

  • Damages and Hadley v Baxendale remoteness
  • Warranty measures
  • Other equitable measures
  • Liquidated damage and penalty clauses
  • Sole remedy clauses
  • VAT on damages
  • Misrepresentation
  • Rectification or declaration
  • Set-off
  • Rescission
  • Specific performance

11:45 - 12:45pm: Interim Injunctions - A Powerful Tool in the Litigation Armory

David Sawtell, 39 Essex Chambers

Interim injunctions are a powerful tool. This session explores the variety of ways in which they have been sought in commercial proceedings in the last year.

  • Confidentiality, expert evidence, and arbitral proceedings: Secretariat v A Company [2021]
  • Interim injunctions, persons unknown, and energy: Re Ørsted Hornsea Project Three (UK) Limited [2021]
  • Unambiguous impropriety, without prejudice material and freezing injunctions: Motorola Solutions v Hytera Communications[2021]
  • Anti-suit injunction update: Specialised Vessel Services Ltd v Mop Marine Nigeria Ltd [2021], ZHD v SQO [2021] and VTB Bank (PJSC) v Valeri Mejlumyan [2021]
  • Preventing calls on bonds: Yuanda (UK) Co Ltd v Multiplex Construction Europe Ltd [2020]

Break for lunch

1:15pm to 2.15pm: The Importance of Witness Statements

Desiree Artesi, Thomas More Chambers

This session will explore some of the dangers and pitfalls when preparing witness statements in commercial litigation, through an examination of case law, and what Judges have to say.

2:15 to 3.15pm Costs Budgeting in Commercial Litigation

Sue Fox, Head of Costs Management, A&M Bacon Limited

This session will provide you with the latest tips on costs budgets in commercial litigation matters.

PM break

3.30 - 4.30pm Enhancing Your Recoveries

Professor Dominic Regan

Clients and their legal representatives understandably want to recover as much in damages and costs as possible. The last year has produced several noteworthy decisions which enhance the ability to maximise recoveries.

  • The Jackson uplift
  • Part 36 rewards after Telefonica
  • Excellent guidance from Pepperall J in the Essex CC action
  • New arguments to support claims for indemnity costs
  • How high can a viable Part 36 offer go?

4.30pm-4.45pm - Questions

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.

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Learn Live | 18.10.2021

N/A | 9:30am - 4:45pm


Commercial Litigation 2021 Virtual Conference

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Oct
18
2021
 
9:30am - 4:45pm

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Discounts are available for multiple places. If you have 5 or more people interested in participating in this virtual learning session please email us at information@mblseminars.com for more information.

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