Commercial Law & Practice & Civil Procedure Programs
January - December 2020

General Data Protection Regulations 2018 – All you need to know

1/2 day (09.30 -13.00) | £300.00 ( inc VAT) | Dates & venues: 

Speaker; Graeme Wood. Biography HERE

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies

Overview The GDPR which applies from 25^th May 2018 has been described as a sea change in data protection law. It has also been said that it is difficult to imagine any single piece of legislation introduced in recent years with such far reaching consequences.  It grants enhanced rights to individuals and in turn subjects operators to more stringent obligations than under the preceding law. The effect of the GDPR is likely to be a quantum leap in in DP awareness and is expected there will be a significant increase in the number of DP professionals. The GDPR extends the powers of regulators to monitor compliance and there are heavy fines for non-compliance under the new regime. It is therefore essential that those advising on DP and privacy issues have a fundamental grasp of what the new regime entails.

Example areas covered during the program

• The subject matter and scope of the GDPR – Material, temporal and territorial reach of the GDPR
• Organisational requirements under the GDPR – Obligations of the controller , DPO’s, Records of processing activities
• The data protection principles at Chapter II /material requirements– Lawfulness, fairness and transparency, Consent (Article 7) Legitimate interest of data controller etc
• The rights of the data subject – Transparency, information & access, erasure, data portability etc
• Responsibilities of data controllers 
• Supervisory authorities – competency & powers and tasking
• Remedies & Penalties under the GDPR in making the application – potential liability of the Applicant

BOOK GDPR on Eventbrite click HERE

PAD APPLICATIONS - Blueprint For Success

1/2 day (09.30-13.00) | £300.00 ( Inc VAT) | Dates & venues:

2019;  

Speaker; Graeme Wood. Biography HERE

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies| 3 CPD Points

Overview
PAD (Pre-action disclosure) Applications (aka 'chicken and egg' disclosure Applications) are an increasingly common feature of the civil litigation landscape in England and Wales. A sound PAD Application can have potentially significant costs savings for the client and may enhance the prospects for early settlement. It may also be advantagous in other ways, for example, by enabling a common factual basis to be ascertained or avoiding the need to plead the case on a paucity of evidence. PAD Applications are, however, considered an exception to the normal route for disclosure under Rule 31.6 and need to be handled with care. This half-day session will provide you with essential knowledge for any PAD Application you may be involved with.

Example areas covered during the program

• The statutory basis for the Application; Section 33 (2) Senior Courts Act 1981 & CPR 31.16
• Making the Application & documents in support
• Timing of the Application
• Overview of the jurisdictional thresholds which the Application must satisfy
• The probative test for furture substantive proceedings between the parties; Black v Sumitomo Corpn [2002]; Kneale v Barclays Bank [2010]
• Is the disclosure sought encompassed by standard disclosure?
• Persuading the Court that PAD is desirable on the facts of the case
• The discretion to order PAD - What factors will be relevant
• Dealing with the issue of costs on the Application
• How to use PAD to your client's advanatge
• Getting it wrong - when a PAD Application is not appropriate.
• Review of recent caselaw; Anglia Research Services Ltd v Finders Genealogists Ltd; AM Holdings Ltd v Henderson Global Investors Ltd

 BOOK PAD Applications on Eventbrite click HERE

PRIVACY & CONFIDENTIALITY CLAIMS - Essential Analysis & key Issues

1 day (09.30 -17.00) | £500.00 (Inc VAT) | Dates & venues:

Speaker; Graeme Wood. Biography HERE

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies| 6 CPD Points

Overview
Claims based on breach of privacy and confidentiality rights have seen a substantial increase in recent years. This interactive program will provide a thorough analysis of the current rules and their application in various factual contexts. The program will consider the latest law and issues for breach of confidence and misuse of private information claims along with other issues such as Database rights and Data protection law. The law and practice will be tested in the context of numerous realistic case studies.

Example areas covered during the program

• The common law action for breach of confidence
• The action for breach of confidence concerning matters other than personal confidences and privacy
• The conditions required to be shown by a Claimant
• When information qualifies for protection under confidentiality laws?
• When will a defendant be under a legal obligation to maintain confidence?
• Confidence obligations arising under contract - rights against employees and former employees
• How to defend a breach of confidence claim and the remedies available to a claimant
• The emerging action for breach of confidence to protect private privacy interests and the effect of section 8 Human Rights Act 1998
• When will a claimant have a reasonable expectation of privacy?
• The interface between Article 8 and 10 of the ECHR
• Copyright and image rights under Privacy law
• Data protection and privacy
• The interface between breach of confidence & misuse of private information and defamation actions
• Interim Applications to protect privacy rights–the effect of The Supreme Court decision in PSJ

 BOOK Privacy & Confidentiality on Eventbrite click HERE

COMMERCIAL FINANCIAL LOSS CLAIMS - How to Effectively Use Remedial Platforms

1 day (09.30 -17.00) | £500.00 (Inc VAT) | Dates & venues:

Speaker; Graeme Wood. Biography HERE

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies| 6 CPD Points.

Overview
This program will provide a through overview and analysis of the routes which are available in English law to recover financial losses caused by breach of legal duty. The session is based on a series of case studies which will test the application of the latest rules in context. Coverage will include analysis of contractual, tortious, equitable and other mechanisms to recover financial losses.

Example areas covered during the program

• Financial losses occurring before formal contracts are concluded
• Collateral contracts and financial loss
• Equitable mechanisms including unjust enrichment claims
• Recovery of future speculative financial loss including lost profits in contract
• Distinguishing different types of financial loss claim; consequential financial loss, relational financial loss and pure financial loss
• The various criteria that apply for the making of claims for these types of financial loss
• The application of the rules on financial loss in cases of property damage and damage to financial interests
• The distinction between damage and latent defects in property devaluation litigation
• An analysis of key concepts used in non-contractual financial loss litigation such as proximity and assumption of responsibility
• The limits of consequential economic loss recognised by the English courts
• The interface between claims for financial loss in contract and those outside of contract – concurrent financial claims in contract and tort–when are they available?
• Analysis and discussion of recent case law including Smeaton v Equifax; St John Poulton’s TIB v Ministry of Defence

 BOOK Commercial Financial Loss on Eventbrite click HERE

COMMERCIAL & CONSUMER PRODUCT LIABILITY - Key Claims Knowledge & Procedure

1 day (09.30-17.00)| £500.00 (inc VAT) | Dates & venues: 

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies| 6 CPD Points

Overview
Product liability claims account for a substantial portion of litigation before the courts in England and Wales. This program will provide a thorough and completely updated analysis of product liability for physical, property and financial loss claims. Delegates will gain a clear understanding of the key issues and principles that apply in this complex area of litigation. The program will provide a thorough and completely updated analysis and consideration will be given to a number of case studies reflecting practical issues which have arisen, covering defective products under both EU and English common law.

Example areas covered during the program

• The basic principles underlying the law on product liability and the importance of intermediate examination
• When an opportunity of examination will not defeat a product liability claim
• The ambit of a manufacturer's duty of care for defective products
• The strict liability regime for product liability under EU Directive 85/374 and the effect of the Consumer Protection Act 1987
• Product liability and defective buildings and the Defective Premises Act 1972
• Specific consideration of liability in cases of letting out defective premises and the liability of vendors
• Exclusion of liability for product liability
• Defences that can be raised to a product liability claim
• The distinction between damage and defects in product liability claims and the issue of transmissible warranties outside of contract
• When may damages be recovered in respect of pure economic loss?-the Junior Books conundrum
• How a special relationship giving rise to a good claim for economic loss may be established
• The position between contractors and sub-contractors in multi-party contracts
• Emerging areas of the law in recovery for defects-is there a duty to warn of know defects in products and buildings?
• The 'complex structures' theory - what it is and its relevance to modern product liability litigation
• The position when defects cause damage to other property or persons
• Thorough analysis of recent case law

FREEZING ORDERS – The Law’s Nuclear Weapon

1/2 day (09.30-13.00)| £300.00 (inc VAT) | Dates & venues: 

Fully updated for 2020 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Barristers Analysis Pack & structured advice outlines for all case studies

Overview
Interim remedies can have a crucial impact on the outcome of commercial litigation and the freezing order represents arguably one of the most potent interim remedies in the commercial litigator’s toolbox. This program will provide a thorough and up to date analysis of the uses and limitations of the freezing order based on a number of practical litigation scenarios. Effective use of a freezing order (formerly known as a Mareva injunction) has been described as one of the law’s nuclear weapons (and by one judge as a thermo-nuclear weapon) such is its potential effect on litigation. The program will provide delegates with an up to date overview of the law and practice on freezing orders. This is essential knowledge for anyone involved in the commercial litigation process.

Example areas covered during the program

• The jurisdictional basis for the freezing order application – SCA 1981 s 37 and CPR Part 25 and Practice Direction 25A. Freezing orders in arbitration proceedings
• Selecting the correct forum – who can and who cannot issue a freezing order - The County Court Remedies Regulations 1991
• The nature of a freezing order – what it can and cannot achieve for the client & the ancillary nature of the order
• Making the Application – what the Applicant has to demonstrate & what evidence will enhance the likelihood of a successful Application. The importance of properly formulating the substantive case against the Respondent. The undertaking in damages.
• What constitutes a real risk of assest dissipation?
• What does the duty of ‘full and frank disclosure’ mean in practice (the consequences of not making full and frank disclosure)?
• Risk assessment in making the application – potential liability of the Applicant
• Review of example Orders
• Making the Application without notice – evidence in support – CPR Part 25 Practice Direction 25A Para 4.
• The position of third parties including judgment creditors and banks.
• Applications to vary and discharge freezing orders
• Freezing orders and foreign claims
• Analysis and discussion of recent key decisions of freezing orders including UL v BK; Bank St Petersburg v Arkhangelsky; Abbey Forwarding Ltd (In Liquidation) v Hone