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English Law for Non-UK Lawyers

Master the key elements of English Law

Majestic Hong Kong skyline bathed in golden light at sunrise

A one-day course presented over two-half days in a virtual class

In-house pricing available – often more cost-effective for teams of 10+
pdf Download:   Course Outline

Introduction

Common-Law: Nature and methodology

  • What is the ‘common law’?
  • The role of judge-made law
  • The authority of case-law
  • Consensual and non-consensual liabilities

Formation of Contract Under English Law

  • Creating a binding and enforceable agreement
  • Offer
  • Acceptance
  • Consideration
  • Intention to create legal relations
  • Certainty
  • Capacity
  • Formalities
  • Deeds
  • Workshop - Analysing a common-law judgement

 Formation of contract – Pre Contract Documents

  • Pre-contractual documents and undertakings
  • Letters of intent/commitment/heads of agreement
  • Agreements to agree
  • Lock-out agreements
  • Letters of comfort
  • Workshop; Consider different forms of pre-contract documents and their impact and their role.

Tort including Negligence

  • Nature of tortious liability
  • Types of tort
    • Negligence
    • Specific duty situations
    • Nuisance
    • Strict liability
    • Trespass to land
    • Torts concerning goods
    • Trespass to the person
    • Tort affecting reputation
    • Employment-related torts

The terms of the contract

  • Express Terms
  • Oral Statements
  • Written Terms
  • Parole Evidence Rule
  • Implied Terms
  • Unfair Contract Terms

Warranties, (Mis)representation, Guarantees and Indemnities Differences and Distinctions

  • Warranty
  • Representation
  • Misrepresentation – Types and remedies
  • Guarantees
  • Indemnities
  • Workshop – Participants will divide into groups and clarify the distinctions between these contractual remedies and their differing legal effect.

Liquidated Damages, Penalties Differences between Common and Civil Law, and Delay

  • Delay clauses
  • Liquidated damages
  • Service credits and service level agreements
  • Time of the essence

Limitation and Exclusion of Damages

  • Direct
  • Indirect
  • Consequential
  • English law approach to exclusion clauses – the rules
  • Judicial control of exclusion of damages
  • Statutory control of exclusion clauses

Interpreting a Contract under English Law

  • Construction of contractual terms
  • Rules of interpretation
  • Common terms and phrases
  • Special and technical meanings
  • Courts ‘canons of construction’
  • Courts looking beyond the contract
  • Implied terms
  • Legislative limitations on standard terms

Termination, Force Majeure, Frustration and Economic Hardship of contract

  • Termination by agreement
  • Termination by frustration
  • Termination upon breach
  • Force Majeure
  • Economic Hardship
  • Workshop: Force Majeure real case study
  • Drafting exercise: Split into groups and draft clauses based on a mini case study

Redcliffe's course trainer is an international lawyer, corporate educator (including for the sovereign wealth funds of Abu Dhabi, Brunei, Norway and Malaysia), Management Consultant, public speaker and author, Visiting Professor on legal, finance and business courses including Cambridge University, Oxford University’s Institute of Legal practice, Oxford University  Diplomatic Studies PG course, Manchester Business School and on the Advisory Board of Glasgow Caledonian, Leeds and Salford University’s Business Schools. He was formerly a partner and Head of International Commercial Law at KPMGLegal globally and Masons (now Pinsent Masons) He also led an International Business Group for KPMG Europe. At KPMG he commenced his involvement in executive education. He trains face to face and online.

He focuses on contracts, international investment, corporate finance, joint ventures, private equity, M&A, Loan Agreements, corporate governance in developed and emerging markets. He also facilitates courses on Leadership and Management, and Negotiations for Government, MLA’s, the private sector, Business Schols and both Oxford and Cambridge Universites.

He also works as an integral member of a client team advising upon strategy and implementation. He is listed in the independent Chambers Global: The World's Leading Lawyers as an expert in foreign investment law and regulations, where he is described by peers and clients as “well connected” and “a strong commercial thinker. He has completed studies and research in management Cambridge University where he also teaches on executive education courses.

He facilitates training and consults upon professional management and skills for both in house and public courses. Arun’s work is for clients across a range of service and industrial sectors and have included Allen & Overy, Loyens, BA, Bank of China, BP, Engie, EBRD, EY, Deloittes, Naval Group, KazMunayGas, ARAMCO, British Gas, Shell, RWE, Abu Dhabi NOC, ArcelorMittal, Orange, Diageo, HSBC, Infosys, KKR, KPMG, Goldman Sachs, Lazards, Motorola, RBS, TATA , TCS, the World Bank, the UN’s FAO, UK Foreign Office and other government departments. His public courses are attended by professionals from a range of firms.

He has delivered training programmes to leading private and public organisations in Europe, Africa, the Gulf, Caribbean, across Asia and in North America, across sectors including, finance, telecoms, manufacturing, FMCG, IT government entities and sovereign wealth funds.

In addition to being a corporate educator he is a non-executive director appointed by funds of two corporate services companies was a NED of two international investment funds one of which was listed on the London Stock Exchange chairing the Audit Committee and Investment Committee. He was a Senior Advisor to Evolution China. Previously, he was on the board of the UK Government’s UKTI. In March 2012 he was appointed by the Privy Council to the Board of the Architects Registration Board.

He was appointed an OBE by the late HM the Queen in January 1999 for services to international trade, investment and intercultural management. Arun is an editor and contributor to a number of publications, in April 2010 his book on Business and Contract Law was published by Thorogood.

He is co Faculty of the popular Queen Mary University of London and Coursera course ‘Leadership Out of the Box’ taken by 18,000 + learners.

He is co - author with Mike Mister of the best-selling How to Lead Smart People  – Leadership for Professionals published by Profile a top 10 bestselling business book and shortlisted for  2 prestigious awards - the Business Book of the Year Award 2020 and the Chartered Management Institute Best Management Business Book 2020 – it is recommended reading for partners in KPMG and PWC.

A member of the Law Society of England and Wales and Fellow of the Royal Society of Arts, Manufacture and Commerce.

 

  • Be introduced to the common law, including nature and methodology
  • Get an overview of the formation of contract including creating a binding and enforceable agreement, pre-contractual documents and undertakings and letters of intent/commitment/heads of agreement
  • Gain an understanding of tort and tort of negligence
  • Have explained to them the terms of the contract
  • Learn about the warranties, (Mis)representation, guarantees and indemnities
  • Be taught about the liquidated damages, penalties differences between common and civil law, and delay
  • Be appraised of interpreting a contract under English law
  • Master the limitation and exclusion of damages
  • Have an overview of the transfer of contractual rights and obligations
  • Get to grips with termination, force majeure, frustration and economic hardship of contract

This course is specially designed for non – UK lawyers who are advising on international commercial agreements which are governed by English law as many international transactions are subject to English law. It covers legal concepts that will be unfamiliar to assist civil law lawyers to become more international and enable them to advise on a wider range of transactions. Or indeed ask more informed questions of their English law advisers.

  • In-house legal counsel
  • Private practice lawyers
  • Contract managers
  • Legal advisors and consultants
  • Commercial Directors
  • Legal support
  • Finance directors and financial controllers
  • Managing directors
  • Business development managers
  • Project financiers

The course sets out the key elements of English law particularly in relation to English contract law.

The approach is interactive - it will involve mini case studies, drafting workshops and a clinic for participants to raise questions about transactions they are involved in.

Participants will learn differences between common and civil law systems, analyse an English law judgment, which makes a binding contract under English law, and cover Tort (Delict) under English law.

In addition, it will introduce the law of equity and trust particularly in relation to remedies, look at how damages are awarded under English law, a comparison of Penalties and Liquidated Damages.  The different approach to Force Majeure, interpretation of contracts, the transfer of contractual rights, including novation, consideration and the particular place of Deeds in English law.

£ 1190.00

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