Drafting Commercial Contracts 2025 - Virtual Conference
Introduction
This live online conference, chaired by Keith Markham, brings together a panel of top legal experts to provide a comprehensive update on the hottest topics in commercial contract drafting. Essential for in-house counsel, commercial lawyers, and contract negotiators, this event will help you sharpen your drafting skills and keep your contracts airtight.
Avoid contract pitfalls and costly disputes that cost companies thousands. This high-impact online conference gives you the tools to draft smarter, safer commercial agreements — all in just one day. Master the latest developments on exclusion clauses, indemnities, force majeure risks, and more — all delivered in a compact, high-impact 5-hour session.
Each session offers a full opportunity for questions and answers, allowing you to clarify your toughest drafting challenges directly with experts.
Conference Agenda
This live and interactive 5-hour conference will cover the following:
10am - 11am: Exclusion & Limitation Clauses
Keith Markham, Solicitor (non-practising)
A regular source of dispute between contracting parties, these clauses should always be a priority when drafting a contract. This session summarises recent case law in this area. Topics will include:
- Application of limitation clauses to interest claims
- Exclusion of ‘anticipated profits’
- Meaning of ‘aggregate liability’
- Interpretation of the phrase ‘or otherwise arising’
Morning Break
11:10am - 12:10pm: Where Indemnities Go Wrong
Jimmy Desai, Consultant Solicitor, Keystone Law
This session focuses on where indemnities go wrong, including:
- Scenarios: understanding typical market practice regarding where and when indemnities should and should not be used
- A review of key case law to show where wording is defective and how to address these defects
- Contractual drafting: understanding where indemnities can be inadvertently limited or invalidated by defective contractual drafting
- Negotiating indemnities: practical tips and strategies for negotiating indemnities and avoiding typical mistakes
12:10pm - 1:10pm: Smart Contracts - A Drafting Guide
Lizzie Williams, Partner, Harbottle & Lewis LLP
This session will explore key considerations when drafting Smart Contracts, with a focus on the importance of governing law and jurisdiction clauses—how to approach them and why they matter.
Break for lunch
2:00 - 3:00pm: Boilerplate Clauses - Essential Drafting Update
Stuart Cakebread, Barrister, Founding Partner, Cerulean
This session will provide a practical overview of common boilerplate clauses found in commercial contracts.
Afternoon break
3:15 - 4:15pm: Force Majeure & Material Adverse Change
Keith Markham, Solicitor (non-practising)
Force majeure clauses are a feature of almost all commercial contracts and are often simply re-used without a great deal of thought, which can then lead to unintended consequences. Material adverse change clauses are less commonly used and there are considerable arguments about how to interpret them given that they have only been considered by the English courts on a few occasions. This session looks at the most important aspects of each issue and sets out a series of practical steps to take. Topics will include:
Force Majeure
- Defining force majeure events
- Causation
- Prevention and mitigation
- Notification and termination
- Relevant case law
Material Adverse Change
- Use of MAC clauses in a share purchase agreement
- Correct approach to construction
- Meaning of ‘material’
- Relevant case law
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.